South Dakota notary misconduct: the four misdemeanors and removal from office

The four crimes at a glance

Every criminal provision specific to notaries in SDCL Chapter 18-1 is listed below. Penalty ranges are the statutory maximums for each class under SDCL 22-6-2; a court may impose less, and must also order restitution to any victim.

Statute	Conduct	Class	Maximum penalty
SDCL 18-1-11	Signing as notary when the parties did not appear in person or by a permitted remote method	Class 2	30 days jail, $500, or both
SDCL 18-1-12	Acting after the commission expires, or while otherwise disqualified	Class 2	30 days jail, $500, or both
SDCL 18-1-12.1	Performing a notarial act without ever obtaining a commission	Class 1	1 year jail, $2,000, or both
SDCL 18-1-12.2	Notarizing a document you also signed as a party	Class 1	1 year jail, $2,000, or both

Note the structure. The two Class 2 offenses are things a commissioned notary does carelessly. The two Class 1 offenses are things that should never happen at all: impersonating a notary, or notarizing your own transaction.

1. No appearance (SDCL 18-1-11)

A notarial officer commits a Class 2 misdemeanor by affixing their official signature "to any document when the parties to the transaction memorialized in the document have not appeared before the person either in-person or in accordance with § 18-1-11.1."

This is the offense real notaries are most likely to commit, because the request usually comes from someone they trust: a boss who signed the contract in a meeting across town, a relative who signed at home, a client who dropped off a signed form. The statute has no exception for good faith or for knowing the signature is genuine. The party must appear.

The phrase "in accordance with § 18-1-11.1" is the only alternative to physical presence, and it is narrow. SDCL 18-1-11.1 permits a notary located in South Dakota to notarize a paper document signed by someone observed over video, but only if the notary has personal knowledge of the signer's identity, signs the original paper document, notes the remote location and the video appearance in the certificate, and can reasonably confirm it is the same document. For electronic documents the route is full remote online notarization under SDCL 18-1-11.2, with two methods of identity proofing, a tamper-evident system and a recording. A phone call, a photo of the signature or a FaceTime glance without meeting those conditions does not qualify.

2. Expired or disqualified (SDCL 18-1-12)

It is a Class 2 misdemeanor "for any notary public to exercise the duties of his office after the expiration of his commission or when he is otherwise disqualified." A South Dakota commission runs six years (SDCL 18-1-1) and, per the Secretary of State, expires at midnight on the expiration date. The office accepts renewal applications up to 60 days before expiration and does not backdate.

That timing creates a gap risk: a notary who mails a renewal late can be legally unable to notarize for days or weeks while the new commission is processed. Stamping in that gap is this offense, even though the renewal is "in the mail." Our renewal timeline works backward from the expiration date to avoid it.

"Otherwise disqualified" covers a notary whose commission has been revoked, and anyone who has lost eligibility. Residency is a condition of appointment under 18-1-1, so a notary who moves out of South Dakota, and does not fall within the bordering-county rule for out-of-state residents who work in the state, should stop notarizing and contact the Secretary of State.

3. No commission at all (SDCL 18-1-12.1)

A person is guilty of a Class 1 misdemeanor "if the person performs a notarial act on any document without first obtaining a commission from the secretary of state." This is the impersonation offense, and it applies to non-notaries: someone who buys a stamp online, a former notary who never renewed and keeps the old seal in a drawer, or an applicant who starts notarizing before the commission arrives.

The validity protection discussed below does not help here. SDCL 18-1-11.8 ends by saying nothing in it "validates a purported notarial act performed by an individual who does not have the authority to perform notarial acts." Documents "notarized" this way are exposed to challenge.

4. Your own transaction (SDCL 18-1-12.2)

It is a Class 1 misdemeanor to sign a document as a notary public "when the person has also signed the document as a party to the transaction proceeding." Having an interest is not itself a crime; SDCL 18-1-7 allows an interested notary to act. Signing as a party is. Our post on notarizing for family, an employer or yourself walks through where that line falls.

Removal: automatic after conviction

SDCL 18-1-13 says any notary public "convicted of committing an act which is designated as a misdemeanor in this chapter or any felony shall be removed from office by the secretary of state." The word is "shall." There is no hearing on whether removal is appropriate once the conviction exists. SDCL 18-1-14 requires the Secretary of State to notify a notary by mail immediately on revocation.

A felony conviction of any kind, notary-related or not, triggers removal under the same section, and 18-1-1 bars the Secretary of State from appointing anyone convicted of a felony in the first place.

What a mistake does to the document

Notaries often worry that an error voids the paperwork. SDCL 18-1-11.8 says the opposite as a default: "The failure of a notarial officer to perform a duty or meet a requirement specified by law does not invalidate a notarial act performed by the notarial officer." A missing expiration date, a smudged seal or a minor certificate error does not, by that alone, undo the act.

Two limits keep this from being a safe harbor:

• The same section preserves the right of an aggrieved person "to invalidate the record or transaction that is the subject of the notarial act" or seek other remedies. A deed can still be attacked as forged, and a notary who did not require appearance has given the challenger their best evidence.
• Restitution follows a criminal conviction under 22-6-2, and civil liability to an injured person is a separate question the statute does not foreclose. Since the $5,000 bond was repealed in 2025, there is no bond standing between that person and the notary; see the bond post.

Habits that keep you out of all four

1. Never sign a certificate unless the signer is in front of you, or properly on a registered RON system. No exceptions for people you know.
2. Put your expiration date on your calendar 75 days out, and mail the renewal in the 60-day window.
3. Stop notarizing the day you move out of state, unless you qualify under the bordering-county rule.
4. Never notarize a document that carries your own signature as a party.
5. If a commission lapses, destroy or lock away the old seal so it cannot be used by anyone.

FAQ

What is the penalty for notarizing without the signer present in South Dakota?

It is a Class 2 misdemeanor under SDCL 18-1-11, punishable by up to 30 days in county jail, a $500 fine, or both, plus restitution. A conviction requires the Secretary of State to remove the notary under SDCL 18-1-13.

Is it a crime to notarize after my commission expires?

Yes. SDCL 18-1-12 makes it a Class 2 misdemeanor to exercise the duties of the office after the commission expires or while otherwise disqualified.

Does a notary's mistake invalidate the document?

Generally no. SDCL 18-1-11.8 says a notary's failure to perform a duty does not invalidate the notarial act, though an aggrieved person can still challenge the underlying transaction. That protection does not extend to someone who never had authority to notarize.

Can a person with a felony be a South Dakota notary?

No. SDCL 18-1-1 bars the Secretary of State from appointing anyone convicted of a felony, and SDCL 18-1-13 requires removal of a notary convicted of a felony.

This page summarizes statutes; it is not legal advice. Confirm anything that matters with the Secretary of State or an attorney.