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.

PRINTER'S NO.    1609

                      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 AND MAYES, MAY 5, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MAY 6, 2025


                                       AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in forgery and fraudulent practices,
 3      providing for the offense of title or deed fraud and creating
 4      a cause of action.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 18 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 4122.    Title or deed fraud.
10      (a)    Offense defined.--A person commits the offense of deed
11   fraud if the person:
12             (1)   fraudulently obtains or attempts to obtain a title,
13      deed or other instrument affecting another's interest in real
14      property;
15             (2)   knowingly records, transmits to a third party or
16      offers in evidence a forged or fraudulent document relating
17      to title or other interest in real property in the course of
18      any proceedings involving a deed or other instrument
 1      affecting title or interest in real property;
 2            (3)   makes or uses a forged or digitally or
 3      electronically altered instrument or writing relating to a
 4      deed or other interest in real property that is subsequently
 5      used in connection with or entered in the records of a
 6      register of titles;
 7            (4)   takes or fraudulently conceals any instrument
 8      affecting title or other interest in real property;
 9            (5)   alters, creates, changes or mutilates by any means,
10      including digitally or electronically, any writing, deed or
11      instrument affecting title or other interest in real
12      property; or
13            (6)   makes any false oath or affidavit with respect to
14      any interest in real property.
15      (b)   Grading.--A person who commits an offense under
16   subsection (a) shall be guilty of a felony of the second degree.
17      (c)   Remedy for victim.--
18            (1)   In addition to any other remedy that may be
19      available at law or in equity, an owner of real property may
20      bring an action against an individual who has knowingly and
21      unlawfully filed, entered or recorded, or caused to be filed,
22      entered or recorded, in a public record a false or forged
23      deed or other instrument purporting to convey the owner's
24      interest to the real property to an individual or a third
25      party or purporting to encumber the owner's interest in real
26      property to recover:
27                  (i)    the owner's actual damages caused by the filing,
28            entering or recording of a false or forged deed or other
29            instrument or $5,000, whichever is greater;
30                  (ii)   the owner's incurred costs in bringing the

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 1        action, including reasonable attorney fees; and
 2              (iii)   any realty transfer taxes paid under State or
 3        local law that were incurred as a result of an offense
 4        committed under subsection (a).
 5        (2)   In addition to restitution awarded under section
 6    1106 (relating to restitution for injuries to person or
 7    property), the court shall award attorney fees and costs to a
 8    victim related to resolving or restoring competing property
 9    interests in real property.
10        (3)   Nothing in this subsection shall be construed as
11    creating a cause of action against a public official or
12    employee, including a recorder of deeds or an employee or
13    agent of a recorder of deeds, for actions taken in the lawful
14    performance of the public official's or employee's duties.
15    Section 2.    This act shall take effect in 60 days.




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