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.
Indiana Legal Code