1. 1. A person commits the offense of deceptive business practice if in the course of engaging in a business, occupation or profession, he or she recklessly:

   1. (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
   2. (2) Sells, offers, displays for sale, or delivers less than the represented quantity of any commodity or service;
   3. (3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he or she furnishes the weight or measure;
   4. (4) Sells, offers, or exposes for sale adulterated or mislabeled commodities;
   5. (5) Makes a false or misleading written statement for the purpose of obtaining property or credit;
   6. (6) Promotes the sale of property or services by a false or misleading statement in any advertisement; or

   7. (7) Advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:

      1. (a) At the price which he or she offered them;
      2. (b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or
      3. (c) At all.
2. 2. The offense of deceptive business practice is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17