Ind. Code § 32-28-3-15

Current through P.L. 171-2024
Section 32-28-3-15 - Accepting payment for labor or materials subject to outstanding indebtedness

A person who knowingly or intentionally:

(1) performs labor, supplies services, or furnishes material or machinery in the:
(A) construction;
(B) repair; or
(C) remodeling;

of a building, structure, or other work;

(2) accepts payment for the labor, services, material, or machinery furnished and supplied;
(3) at the time of receiving the payment, knows that the person is indebted to another for:
(A) labor, including the cost of renting or leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor;
(B) services;
(C) material; or
(D) machinery;

used or employed in the construction, repair, or remodeling;

(4) fails:
(A) at the time of receiving the payment; and
(B) with intent to defraud;

to notify in writing the person from whom the payment was received of the existence of the outstanding indebtedness; and

(5) causes the person from whom the payment was received to suffer a loss by failing under subdivision (4) to notify the person of the existence of the outstanding indebtedness;

commits a Level 6 felony.

IC 32-28-3-15

Pre-2002 Recodification Citation: 32-8-3-15.

Amended by P.L. 158-2013, SEC. 332, eff. 7/1/2014.
As added by P.L. 2-2002, SEC.13.