What constitutes a third-degree felony for a notary under Guam law?

Notarizing for someone without their presence is considered a serious violation under Guam law, as it fundamentally undermines the integrity of the notarization process. A notary's role is to verify the identity of the signer and ensure that they willingly sign the document in their presence. By notarizing a document without the signer being present, the notary fails to perform this essential duty, which could lead to fraudulent activities and the unlawful use of documents. This action can therefore be classified as a third-degree felony because it poses significant risks to the legal system and public trust in notarial acts.

The other actions, while potentially problematic or unethical, typically do not rise to the level of a third-degree felony in Guam. Misplacing a notarial seal, for instance, may lead to administrative issues or professional disciplinary action but is not directly associated with criminal misconduct. Similarly, preparing documents without a witness can lead to the invalidation of the document but does not necessarily constitute a criminal act. Lastly, improperly charging for services, while also unethical, usually falls into civil infractions rather than criminal offenses.