Notary Public Handbook - California Page 44
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4842
PENAL CODE
PENAL CODE
§ 17. Felony; misdemeanor; infraction; classification of offenses
(a) A felony is a crime which is punishable with death or by imprisonment in the state
prison. Every other crime or public offense is a misdemeanor except those offenses that are
classified as infractions. * * *
§ 115.5. Filing false or forged documents relating to single-family residences;
punishment; false statement to notary public
(a) Every person who files any false or forged document or instrument with the county
recorder which affects title to, places an encumbrance on, or places an interest secured by a
mortgage or deed of trust on, real property consisting of a single-family residence containing
not more than four dwelling units, with knowledge that the document is false or forged, is
punishable, in addition to any other punishment, by a fine not exceeding seventy-five thousand
dollars ($75,000).
(b) Every person who makes a false sworn statement to a notary public, with knowledge
that the statement is false, to induce the notary public to perform an improper notarial act on
an instrument or document affecting title to, or placing an encumbrance on, real property
consisting of a single-family residence containing not more than four dwelling units is guilty
of a felony.
§ 118. Perjury defined; evidence necessary to support conviction
(a) Every person who, having taken an oath that he or she will testify, declare, depose, or
certify truly before any competent tribunal, officer, or person, in any of the cases in which the
oath may by law of the State of California be administered, willfully and contrary to the oath,
states as true any material matter which he or she knows to be false, and every person who
testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which
the testimony, declarations, depositions, or certification is permitted by law of the State of
California under penalty of perjury and willfully states as true any material matter which he or
she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition,
or certification is made or subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity rests solely upon
contradiction by testimony of a single person other than the defendant. Proof of falsity may be
established by direct or indirect evidence.
§ 126. Punishment
Perjury is punishable by imprisonment in the state prison for two, three or four years.
§ 470. Forgery; signatures or seals; corruption of records
* * *
(b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting
of another is guilty of forgery.
* * *
(d) Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits,
utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: …
or falsifies the acknowledgment of any notary public, or any notary public who issues an
acknowledgment knowing it to be false; or any matter described in subdivision (b).
* * *
§ 473. Forgery; punishment
Forgery is punishable by imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
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