What is the penalty for a second offense of violating 5 ILCS 312/3-104(a) or (b) committed within five years?

The statute 5 ILCS 312/3-104 addresses specific violations related to notary conduct in Illinois. When a notary public commits a violation under subsections (a) or (b) and it is determined to be a second offense within a five-year period, the law stipulates that the penalty escalates significantly to a Class 3 felony.

A Class 3 felony is more severe than a misdemeanor and carries significant legal consequences, which can include higher fines and longer imprisonment. This increased classification for a second offense is intended to deter repeat violations by imposing stricter penalties. The rationale behind such legislation is to uphold the integrity of notarial acts, which are essential for the authenticity and legality of documents.

Understanding this classification is crucial for notaries, as it emphasizes the importance of adhering to ethical standards and legal obligations inherent in their duties. This context underscores the need for notaries to be aware of and comply with the regulations governing their role to avoid any legal repercussions associated with violations.