A person who knowingly or intentionally:

1. (1) performs labor, supplies services, or furnishes material or machinery in the:

   1. (A) construction;
   2. (B) repair; or

   3. (C) remodeling;

      of a building, structure, or other work;

2. (2) accepts payment for the labor, services, material, or machinery furnished and supplied;

3. (3) at the time of receiving the payment, knows that the person is indebted to another for:

   1. (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;
   2. (B) services;
   3. (C) material; or

   4. (D) machinery;

      used or employed in the construction, repair, or remodeling;

4. (4) fails:

   1. (A) at the time of receiving the payment; and

   2. (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. (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.