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.]
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