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Rs 14:202.1 Residential Contractor Fraud; Penalties

§202.1. Residential contractor fraud; penalties

A. Residential contractor fraud is the misappropriation or intentional taking of

anything of value which belongs to another, either without the consent of the other to the

misappropriation or taking, or by means of fraudulent conduct, practices, or representations

by a person who has contracted to perform any home improvement or residential

construction, or who has subcontracted for the performance of any home improvement or

residential construction. A misappropriation or intentional taking may be inferred when a

person does any of the following:

(1) Fails to perform any work during a forty-five-day period of time or longer after

receiving payment, unless a longer period is specified in the contract.

(2) Uses, or causes an agent or employee to use, any deception, false pretense, or

false promise to cause any person to enter into a contract for home improvements or

residential construction.

(3) Damages the property of any person with the intent to induce that person to enter

into a contract for home improvements or residential construction.

(4) Knowingly makes a material misrepresentation of fact in any application for a

permit required by state, municipal, or parochial law.

(5) Knowingly makes a material misrepresentation of fact in any lien placed upon

the property at issue.

(6) Fails to possess the required license for home improvements or residential

construction required by applicable state, municipal, or parochial statute.

(7) Knowingly employs a subcontractor who does not possess the required license

by applicable state, municipal, or parochial statute.

B. For purposes of this Section, "home improvement or residential construction"

means any alteration, repair, modification, construction, or other improvement to any

immovable or movable property primarily designed or used as a residence or to any structure

within the residence or upon the land adjacent to the residence.

C.(1) When the misappropriation or intentional taking amounts to a value of less than

one thousand dollars, the offender shall be imprisoned for not more than six months, fined

not more than one thousand dollars, or both. If the offender in such cases has been convicted

of theft two or more times previously, then upon conviction the offender shall be imprisoned,

with or without hard labor, for not more than two years, or fined not more than two thousand

dollars.

(2) When the misappropriation or intentional taking amounts to a value of one

thousand dollars or more, but less than five thousand dollars, the offender shall be

imprisoned, with or without hard labor, for not more than five years, or may be fined not

more than three thousand dollars, or both.

(3) When the misappropriation or intentional taking amounts to a value of five

thousand dollars or more but less than twenty-five thousand dollars, the offender shall be

imprisoned, with or without hard labor, for not more than ten years, or may be fined not more

than ten thousand dollars, or both.

(4) When the misappropriation or intentional taking amounts to a value of twenty-five

thousand dollars or more, the offender shall be imprisoned at hard labor for not more than

twenty years, or may be fined not more than fifty thousand dollars, or both.

(5) In determining the amount of the misappropriation or intentional taking, the court

shall include the cost of repairing work fraudulently performed by the contractor and the cost

of completing work for which the contractor was paid but did not complete.

D. In addition to the penalties provided by the provisions of this Section, a person

convicted of residential contractor fraud shall be ordered to make full restitution to the victim

and any other person who has suffered a financial loss as a result of the offense. For the

purposes of this Subsection, restitution to the victim shall include the cost of repairing work

fraudulently performed by the contractor and the cost of completing work for which the

contractor was paid but did not complete.

Acts 2008, No. 292, §1; Acts 2009, No. 268, §1; Acts 2012, No. 120, §1; Acts 2014,

No. 62, §1; Acts 2014, No. 811, §6, eff. June 23, 2014; Acts 2017, No. 281, §1.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
contract
contractor
residential
intent
improvement
home
taking
fraud
misappropriation
intentional