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who is not an inmate, knowingly or inten-
tionally:
(A) makes a misrepresentation to a
person who is not an inmate and
obtains or attempts to obtain money or
other property from the person who
is not an inmate; or
(B) obtains or attempts to obtain
money or other property from the per-
son who is not an inmate through a
misrepresentation made by another
person;
commits inmate fraud, a Level 5 felony.
Chapter 6. Home Improvement Fraud.
35-43-6-1.
Application of chapter.
35-43-6-2.
“Consumer” defined.
35-43-6-3.
“Home improvement” defined.
35-43-6-4.
“Home improvement contract” defined.
35-43-6-5.
“Home improvement contract price”
defined.
35-43-6-6.
“Home improvement supplier” defined.
35-43-6-7.
“Person” defined.
35-43-6-8.
Unconscionable contract.
35-43-6-9.
Prima facie evidence.
35-43-6-10. Fair market value.
35-43-6-11. Determining fair market value.
35-43-6-12. Offenses.
35-43-6-13. Enhancements.
35-43-6-14. Mistaken belief, no defense.
35-43-6-1. Application of chapter.
This chapter applies only to residential prop-
erty, which means real property used in whole or
in part as a dwelling by a consumer and includes
all fixtures to, structures on, and improvements to
the real property.
35-43-6-2. “Consumer” defined.
As used in this chapter, “consumer” means an
individual who owns, leases, or rents the resi-
dential property that is the subject of the home
improvement contract.
35-43-6-3. “Home improvement” defined.
As used in this chapter, “home improvement”
means any alteration, repair, or other modification
of residential property. However, this chapter
does not apply to the original construction of a
dwelling.
35-43-6-4. “Home improvement contract”
defined.
As used in this chapter, “home improvement
contract” means an oral or written agreement
between a home improvement supplier and a con-
sumer to make a home improvement and for
which the contract price exceeds one hundred
fifty dollars ($150). Multiple contracts entered into
by a home improvement supplier with a con-
sumer are considered a home improvement con-
tract for purposes of this chapter if the multiple
contracts arise from the same transaction.
35-43-6-5. “Home improvement contract
price” defined.
As used in this chapter, “home improvement
contract price” means the amount actually charged
for the services, materials, and work to be per-
formed under the home improvement contract
but does not include financing costs, loan con-
solidation amounts, taxes, and governmental fees
paid by or on behalf of the consumer, amounts
returned to or on behalf of the consumer, or sim-
ilar costs not related to the home improvement.
35-43-6-6. “Home improvement supplier”
defined.
As used in this chapter, “home improvement
supplier” means a person who engages in or solic-
its home improvement contracts whether or not the
person deals directly with the consumer.
35-43-6-7. “Person” defined.
As used in this chapter, “person” means an
individual, corporation, business trust, estate,
trust, partnership, association, cooperative, or any
other legal entity.
35-43-6-8. Unconscionable contract.
For purposes of this chapter, a home improve-
ment contract is unconscionable if an unreason-
able difference exists between the fair market
value of the services, materials, and work per-
formed or to be performed and the home improve-
ment contract price.
35-43-6-9. Prima facie evidence.
For purposes of this chapter, a home improve-
ment contract price in excess of four (4) times
greater than the fair market value of the services,
