Enhanced offenses
Sec. 13. (a) The offense in section 12(a) of this chapter is a Class
A misdemeanor:
(1) when the home improvement contract price is one thousand
dollars ($1,000) or more;
(2) for the second or subsequent offense;
(3) if two (2) or more home improvement contracts exceed an
aggregate amount of one thousand dollars ($1,000) and are
entered into with the same consumer by one (1) or more
suppliers as part of or in furtherance of a common fraudulent
scheme, design, or intention;
(4) if, in a violation of section 12(a)(5) of this chapter, the home
improvement contract price is ten thousand dollars ($10,000) or
less;
(5) if, in a violation of section 12(a)(6) of this chapter, the home
improvement contract price is more than one thousand dollars
($1,000); or
(6) if, in a violation of section 12(a)(1) through 12(a)(4) of this
chapter, the consumer is at least sixty (60) years of age and the
home improvement contract price is ten thousand dollars
($10,000) or less.
(b) The offense in section 12 of this chapter is a Class D felony:
(1) if, in a violation of section 12(a)(5) of this chapter, the home
improvement contract price is more than ten thousand dollars
($10,000);
(2) if, in a second or subsequent violation of section 12(a)(1)
through section 12(a)(4) of this chapter, the consumer is at least
sixty (60) years of age and the home improvement contract
price is one thousand dollars ($1,000) or less;
(3) if, in a violation of section 12(a)(5) of this chapter, the
consumer is at least sixty (60) years of age and the home
improvement contract price is ten thousand dollars ($10,000) or
less; and
(4) if, in a violation of section 12(b) of this chapter, the
consumer is at least sixty (60) years of age.
(c) The offense in section 12(a) of this chapter is a Class C felony:
(1) if, in a violation of section 12(a)(1) through section 12(a)(4)
of this chapter, the consumer is at least sixty (60) years of age
and the home improvement contract price is more than ten
thousand dollars ($10,000);
(2) if, in a violation of section 12(a)(1) through section 12(a)(4)
of this chapter, the consumer is at least sixty (60) years of age,
and two (2) or more home improvement contracts exceed an
aggregate amount of one thousand dollars ($1,000) and are
entered into with the same consumer by one (1) or more
suppliers as part of or in furtherance of a common fraudulent
scheme, design, or intention; and
(3) if, in a violation of section 12(a)(5) of this chapter, the
consumer is at least sixty (60) years of age and the home
improvement contract price is more than ten thousand dollars
($10,000).
As added by P.L.251-1987, SEC.4.
Last modified: May 24, 2006