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 Class D felony.
As added by P.L.2-2002, SEC.13.
Last modified: May 24, 2006