A person commits the offense of misrepresenting a notarized document in the second degree when, with intent to mislead, they submit or invite reliance on a document they know has been altered after it was notarized.

• A. A document that the person knows has been altered after notarization
• B. A document that has never been notarized
• C. A document that has been notarized but not sealed
• D. A document altered before notarization

Answer: (A)

The key idea here is that the offense focuses on presenting or encouraging reliance on a document that was originally notarized but then altered after that notarization, and doing so knowingly to mislead. Only a document that has been altered after it was notarized fits this crime, because the alteration after the notarization undermines the trust placed in the notarized act.

That’s why the best choice is a document that the person knows has been altered after notarization. If the document was never notarized, or was notarized but not sealed, or was altered before it was notarized, none of those scenarios meet the requirement of an alteration occurring after notarization with the intent to mislead. The emphasis is on the sequence (notarized first, then altered) and the actor’s knowledge and intent to mislead.