A person who holds himself out as entitled to act as a notary public without first being appointed may be guilty of a misdemeanor.
A commissioned notary who practices fraud or deceit in office, where no other punishment is provided, may be guilty of a misdemeanor.
Every misuse of the title “notary public” is only a civil violation and never a crime.
Executive Law §135-a addresses acting without appointment and fraud in office.
Official source: Notary Public License Law (March 2026)
Reference: Executive Law §135-a
Source checked September 7, 2026
Correct Answer
C. Every misuse of the title “notary public” is only a civil violation and never a crime.
Detailed Explanation
Unauthorized holding out can be criminal in New York. Executive Law §135-a makes it a misdemeanor for a person to hold himself or herself out as being entitled to act as a notary public or commissioner of deeds without appointment, and likewise for certain fraud or deceit in office. For contrast, §135-b adds civil-penalty exposure for certain advertising violations.
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