Pennsylvania HB 1406: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in theft and related offenses, further providing for grading of theft offenses.

Bill Text

PRIOR PRINTER'S NO. 1609 PRINTER'S NO. 1980
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1406
Session of
2025
INTRODUCED BY RABB, BONNER, SANCHEZ, K.HARRIS, JAMES, HOWARD,
HADDOCK, NEILSON, FREEMAN, BARGER, CEPEDA-FREYTIZ, GALLAGHER,
D. WILLIAMS, MAYES, FLEMING, CIRESI, DELLOSO, CEPHAS,
HANBIDGE, C. WILLIAMS AND SHAFFER, MAY 5, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 23, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in forgery and fraudulent practices,
providing for the offense of title or deed fraud and creating
a cause of action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4122. Title or deed fraud.
(a) Offense defined.--A person commits the offense of deed
fraud if the person:
(1) fraudulently obtains or attempts to obtain a title,
deed or other instrument affecting another's interest in real
property;
(2) knowingly records, transmits to a third party or
offers in evidence a forged or fraudulent document relating
to title or other interest in real property in the course of
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any proceedings involving a deed or other instrument
affecting title or interest in real property;
(3) makes or uses a forged or digitally or
electronically altered instrument or writing relating to a
deed or other interest in real property that is subsequently
used in connection with or entered in the records of a
register of titles;
(4) takes or fraudulently conceals any instrument
affecting title or other interest in real property;
(5) alters, creates, changes or mutilates by any means,
including digitally or electronically, any writing, deed or
instrument affecting title or other interest in real
property; or
(6) makes any false oath or affidavit with respect to
any interest in real property.
(b) Grading.--A person who commits an offense under
subsection (a) shall be guilty of a felony of the second degree.
(c) Remedy for victim.--
(1) In addition to any other remedy that may be
available at law or in equity, an owner of real property may
bring an action against an individual who has knowingly and
unlawfully filed, entered or recorded, or caused to be filed,
entered or recorded, in a public record a false or forged
deed or other instrument purporting to convey the owner's
interest to the real property to an individual or a third
party or purporting to encumber the owner's interest in real
property to recover:
(i) the owner's actual damages caused by the filing,
entering or recording of a false or forged deed or other
instrument or $5,000, whichever is greater;
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(ii) the owner's incurred costs in bringing the
action, including reasonable attorney fees; and
(iii) any realty transfer taxes paid under State or
local law that were incurred as a result of an offense
committed under subsection (a).
(2) In addition to restitution awarded under section
1106 (relating to restitution for injuries to person or
property), the court shall award attorney fees and costs to a
victim related to resolving or restoring competing property
interests in real property.
(3) Nothing in this subsection shall be construed as
creating a cause of action against a public official or
employee, including a recorder of deeds or an employee or
agent of a recorder of deeds, for actions taken in the lawful
performance of the public official's or employee's duties.
Section 2. This act shall take effect in 60 days.
AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN THEFT AND RELATED OFFENSES, FURTHER
PROVIDING FOR GRADING OF THEFT OFFENSES.
THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. SECTION 3903(A) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 3903. GRADING OF THEFT OFFENSES.
(A) FELONY OF THE SECOND DEGREE.--THEFT CONSTITUTES A FELONY
OF THE SECOND DEGREE IF:
* * *
(6) THE THEFT OR ATTEMPTED THEFT INVOLVES THE TITLE,
DEED OR WRITING RELATED TO AN INTEREST IN REAL PROPERTY
REGARDLESS OF THE VALUE.
* * *
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SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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