Louisiana § RS 37:2163 - Engaging in business of contracting without authority prohibited; penalty

§ RS 37:2163. Engaging in business of contracting without authority prohibited; penalty

            A.(1) It shall be unlawful for any person to engage or to continue in this state in the business of contracting, or to act as a contractor as defined in this Chapter, unless he holds an active license as a contractor in accordance with the provisions of this Chapter.

            (2) It shall be unlawful for any contractor, licensed or unlicensed to publish, transmit, distribute, or otherwise publicly circulate a misleading or false claim related to a person's license or classification in any medium, including but not limited to digital platforms.

            B. It shall be sufficient for the indictment, affidavit, or complaint to allege that the accused unlawfully engaged in business as a contractor without authority from the board.

            C.(1) Anyone found to be in violation of this Section shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed five hundred dollars per day of violation, or three months in prison, or both.

            (2) Notwithstanding any action taken by the board, any person who does not possess a license from the board and violates any of the provisions of this Section, and causes harm or damage to another in excess of three hundred dollars, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than five years, or both.

            (3) Any fine assessed and collected in accordance with the provisions of this Section shall be remitted to the contractor's educational trust fund provided for in this Chapter.

            D. The district attorney in whose jurisdiction the violation occurs shall have sole authority to prosecute criminal actions pursuant to this Section.

            Added by Acts 1956, No. 233 §13. Amended by Acts 1962, No. 184, §1; Acts 1964, No. 113, §13; Acts 1976, No. 377, §1; Acts 1980, No. 606, §1, eff. July 23, 1980; Acts 1981, No. 668, §1; Acts 1988, No. 635, §1, eff. Jan. 1, 1989; Acts 1991, No. 865, §1, eff. July 23, 1991; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1995, No. 478, §1; Acts 1997, No. 1299, §1; Acts 2001, No. 802, §1; Acts 2001, No. 1072, §1; Acts 2017, No. 49, §1; Acts 2019, No. 371, §§1, 2; Acts 2021, No. 48, §1; Acts 2022, No. 195, §1; Acts 2025, No. 422, §1.