2021 Indiana Code
Title 32. Property
Article 28. Liens on Real Property
Chapter 3. Mechanic's Liens
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.
