Judiciary committee approves felony for using false documents to claim property or occupancy
February 14, 2025 | Judiciary Committee, House of Representative, Committees, Legislative, Wyoming
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The House Judiciary Committee voted to pass Senate File 11 on Feb. 14, 2025, sending to the floor a bill that creates a felony offense for intentionally using a false or fraudulent document to claim a right to property or to gain or remain in possession of property.
The measure defines "document" broadly to include written materials in physical or electronic form and defines "property" as real property improved by a dwelling or structure. Under the bill, a person who "intentionally uses a document that the person knows or reasonably should know is false or fraudulent to gain or remain in possession of property or to claim a right to property for which the person does not have a legal right to possess" would be guilty of a felony punishable by up to 10 years in prison, committee members were told.
Supporters said the bill targets increasingly sophisticated schemes in which individuals or third parties produce fabricated leases or other paperwork to appear to be tenants and delay eviction or to otherwise claim a property interest. "A lot of times people think squatters are drug addicts or homeless people," said Miss Urbukite, a lawyer with Wyoming Realtors. "The reality is they are becoming much more sophisticated and have figured out that if they have a false document, they can stave off eviction for a little bit longer."
Alan Thompson of WASCOP said the bill provides prosecutors with another option when fraud accompanies illegal occupation. "This doesn't deal with the 2:00 a.m. issue," Thompson said, referring to on-scene eviction or trespass enforcement; "but it starts that investigation" and can be used after a more protracted inquiry into who created or provided the false documents.
Committee members asked whether the measure would cover fraudulent liens or title claims. Representative Chastick said he believed the language was broad enough to cover a fraudulent lien because a lien is a property interest and the statute penalizes claiming a right to property the person does not legally hold. Representative Feiler and others raised concerns about placing front-line officers in a position to determine whether a document is fraudulent during an enforcement action; witnesses responded that practical enforcement will involve investigation and that the statute is intended to provide a prosecutorial tool rather than an automatic on-scene arrest rule.
The bill was moved by Representative Filer and seconded by Representative Singh; the committee recorded a unanimous recorded vote of nine ayes to report the bill "do pass." Representative Schastick agreed to carry the bill to the floor.
The measure defines "document" broadly to include written materials in physical or electronic form and defines "property" as real property improved by a dwelling or structure. Under the bill, a person who "intentionally uses a document that the person knows or reasonably should know is false or fraudulent to gain or remain in possession of property or to claim a right to property for which the person does not have a legal right to possess" would be guilty of a felony punishable by up to 10 years in prison, committee members were told.
Supporters said the bill targets increasingly sophisticated schemes in which individuals or third parties produce fabricated leases or other paperwork to appear to be tenants and delay eviction or to otherwise claim a property interest. "A lot of times people think squatters are drug addicts or homeless people," said Miss Urbukite, a lawyer with Wyoming Realtors. "The reality is they are becoming much more sophisticated and have figured out that if they have a false document, they can stave off eviction for a little bit longer."
Alan Thompson of WASCOP said the bill provides prosecutors with another option when fraud accompanies illegal occupation. "This doesn't deal with the 2:00 a.m. issue," Thompson said, referring to on-scene eviction or trespass enforcement; "but it starts that investigation" and can be used after a more protracted inquiry into who created or provided the false documents.
Committee members asked whether the measure would cover fraudulent liens or title claims. Representative Chastick said he believed the language was broad enough to cover a fraudulent lien because a lien is a property interest and the statute penalizes claiming a right to property the person does not legally hold. Representative Feiler and others raised concerns about placing front-line officers in a position to determine whether a document is fraudulent during an enforcement action; witnesses responded that practical enforcement will involve investigation and that the statute is intended to provide a prosecutorial tool rather than an automatic on-scene arrest rule.
The bill was moved by Representative Filer and seconded by Representative Singh; the committee recorded a unanimous recorded vote of nine ayes to report the bill "do pass." Representative Schastick agreed to carry the bill to the floor.
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