Indiana § 32-28-3-15 - Accepting payment for labor or materials subject to outstanding indebtedness

§ 32-28-3-15. Accepting payment for labor or materials subject to outstanding indebtedness

Sec. 15. 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.

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

As added by P.L.2-2002, SEC.13. Amended by P.L.158-2013, SEC.332.