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CHAPTER III.

Part F. Misdemeanors or Possible Misdemeanors

Section 1. Failure to Deliver Records to County Clerk

If the notary public willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days of resignation or removal from office, or within 30 days of commission expiration if the notary public fails to be reappointed, the person is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction. California Government Code section 8209(a)


Section 2. Destruction, Defacement or Concealment of Records or Papers

Any person who knowingly destroys, defaces, or conceals any records or papers belonging to a notary public is guilty of a misdemeanor and is liable in a civil action for damages to any person injured as a result of the destruction, defacing, or concealment. California Government Code section 8221


Section 3. Improper Notarial Acts, Solicitation, Coercion or Influence of Performance

Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act relating to maintaining the official journal, shall be guilty of a misdemeanor. California Government Code section 8225(a)

Violations of this section include, but are not limited to:

Coercing or influencing a notary public to complete a false certificate of acknowledgment or jurat;

Coercing or influencing a notary public to not enter required information in the official journal;

Coercing or influencing a notary public to enter false information in the official journal; and

Coercing or influencing a notary public to falsely modify a journal entry.


Section 4. Willful Failure to Perform Duty Relating to Official Journal or Control Notarial Seal

Any notary public who willfully fails to perform any duty required of a notary public relating to the official journal, or who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary public, shall be guilty of a misdemeanor.
California Government Code section 8228.1(a)

Violations of this section include, but are not limited to:

Willful failure to maintain the official journal;

Willful failure to notify the California Secretary of State within the time required by law if the official journal is lost, stolen, rendered unusable or surrendered to a peace officer;

Willful failure to permit a lawful inspection or copying of the official journal;

Willful failure to keep the seal under direct and exclusive control; and

Surrendering the official journal to any person not authorized to possess it.


Section 5. False Certificate or Writing by Officer

Every officer, including notaries public, authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if the officer makes and delivers as true any certificate or writing containing statements, which the officer knows to be false. California Government Code section 6203


Section 6. Unlawful Practice of Law

Any person practicing law who is not an active member of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to $1,000, or by both fine and imprisonment.
California Business and Professions Code section 6126
 

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