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(3) misrepresents that the supplier or
another person is an employee or agent
of the federal government, the state, a
political subdivision of the state, or any
other governmental agency or entity; or
(4) misrepresents that the supplier or
another person is an employee or agent
of any public or private utility;
commits a Class A misdemeanor, except as pro-
vided in section 13(b) of this chapter.
35-43-6-13. Enhancements.
(a) The offense in section 12(a) of this chap-
ter is a Class A misdemeanor:
(1) in the case of an offense under section
12(a)(1) through 12(a)(4) of this chapter or
section 12(a)(6) through 12(a)(9) of this
chapter, if the home improvement con-
tract price is one thousand dollars ($1,000)
or more;
(2) for the second or subsequent offense
under this chapter or in another jurisdiction
for an offense that is substantially similar
to another offense described in this chap-
ter;
(3) if two (2) or more home improvement
contracts exceed the aggregate amount of
one thousand dollars ($1,000) and are
entered into with the same consumer by
one (1) or more suppliers as part of or in
furtherance of a common fraudulent
scheme, design, or intention; or
(4) if, in a violation of section 12(a)(5) of
this chapter, the home improvement con-
tract price is at least seven thousand dol-
lars ($7,000), but less than ten thousand
dollars ($10,000).
(b) The offense in section 12 of this chapter is
a Level 6 felony:
(1) if, in a violation of section 12(a)(5) of
this chapter, the home improvement con-
tract price is more than ten thousand dol-
lars ($10,000);
(2) if, in a violation of:
(A) section 12(a)(1) through 12(a)(5);
or
(B) section 12(a)(7) through 12(a)(9);
of this chapter, the consumer is at least
sixty (60) years of age and the home
improvement contract price is ten thou-
sand dollars ($10,000) or less;
(3) if, in a violation of section 12(b) of this
chapter, the consumer is at least sixty (60)
years of age; or
(4) if the home improvement contract vio-
lates more than one (1) subdivision of sec-
tion 12(a) of this chapter.
(c) The offense in section 12(a) of this chap-
ter is a Level 5 felony:
(1) if, in a violation of:
(A) section 12(a)(1) through 12(a)(5);
or
(B) section 12(a)(7) through 12(a)(9);
of this chapter, the consumer is at least
sixty (60) years of age and the home
improvement contract price is more than
ten thousand dollars ($10,000); or
(2) if, in a violation of:
(A) section 12(a)(1) through 12(a)(4);
or
(B) section 12(a)(7) through 12(a)(9);
of this chapter, the consumer is at least sixty (60)
years of age, and two (2) or more home improve-
ment contracts exceed an aggregate amount of one
thousand dollars ($1,000) and are entered into
with the same consumer by one (1) or more sup-
pliers as part of or in furtherance of a common
fraudulent scheme, design, or intention.
35-43-6-14. Mistaken belief, no defense.
For purposes of section 13 of this chapter, it
is not a defense to home improvement fraud com-
mitted against a consumer who is at least sixty (60)
years of age that the supplier reasonably believed
the consumer to be an individual less than sixty
(60) years of age.
Chapter 6.5. Motor Vehicle and
Watercraft Fraud.
35-43-6.5-1. Fraudulent sale of vehicle, watercraft or
vehicle part.
35-43-6.5-2. Odometer fraud.
35-43-6.5-1. Fraudulent sale of vehicle,
watercraft or vehicle part
(effective January 1, 2015).
(a) A person who sells or offers for sale a
vehicle, a vehicle part, or a watercraft knowing that
