{
 "citation": "14:202.1",
 "heading": "Residential contractor fraud; penalties",
 "doc_id": "508538",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=508538",
 "classification": "F",
 "enacted_year": "2008",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "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.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or intentional taking amounts to a value of less than one thousand dollars"
  },
  {
   "subsection": "C(1)",
   "text": "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.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "If the offender in such cases has been convicted of theft two or more times previously"
  },
  {
   "subsection": "C(2)",
   "text": "(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.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or intentional taking amounts to a value of one thousand dollars or more, but less than five thousand dollars"
  },
  {
   "subsection": "C(3)",
   "text": "(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.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or intentional taking amounts to a value of five thousand dollars or more but less than twenty-five thousand dollars"
  },
  {
   "subsection": "C(4)",
   "text": "(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.",
   "los_min": "0",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or intentional taking amounts to a value of twenty-five thousand dollars or more"
  },
  {
   "subsection": "D(2)",
   "text": "(2) A person sentenced under the provisions of Paragraph (C)(2), (3), or (4) of this Section when the victim is sixty-five years of age or older, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned, with or without hard labor, for not more than five years to be served concurrently with the sentence imposed.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the victim is sixty-five years of age or older"
  }
 ],
 "referenced_statutes": [
  "9:4856"
 ],
 "text": "RS 14:202.1\n\n\u00a7202.1. Residential contractor fraud; penalties\n\nA. Residential contractor fraud is the misappropriation or intentional taking of\nanything of value which belongs to another, either without the consent of the other to the\nmisappropriation or taking, or by means of fraudulent conduct, practices, or representations\nby a person who has contracted to perform any home improvement or residential\nconstruction, or who has subcontracted for the performance of any home improvement or\nresidential construction. A misappropriation or intentional taking may be inferred when a\nperson does any of the following:\n\n(1) Fails to perform any work during a forty-five-day period of time or longer after\nreceiving payment, unless a longer period is specified in the contract.\n\n(2) Uses, or causes an agent or employee to use, any deception, false pretense, or\nfalse promise to cause any person to enter into a contract for home improvements or\nresidential construction.\n\n(3) Damages the property of any person with the intent to induce that person to enter\ninto a contract for home improvements or residential construction.\n\n(4) Knowingly makes a material misrepresentation of fact in any application for a\npermit required by state, municipal, or parochial law.\n\n(5) Knowingly makes a material misrepresentation of fact in any lien placed upon\nthe property at issue.\n\n(6) Fails to possess the required license for home improvements or residential\nconstruction required by applicable state, municipal, or parochial statute.\n\n(7) Knowingly employs a subcontractor who does not possess the required license\nby applicable state, municipal, or parochial statute.\n\nB. For purposes of this Section, \"home improvement or residential construction\"\nmeans any alteration, repair, modification, construction, or other improvement to any\nimmovable or movable property primarily designed or used as a residence or to any structure\nwithin the residence or upon the land adjacent to the residence.\n\nC.(1) When the misappropriation or intentional taking amounts to a value of less than\none thousand dollars, the offender shall be imprisoned for not more than six months, fined\nnot more than one thousand dollars, or both. If the offender in such cases has been convicted\nof theft two or more times previously, then upon conviction the offender shall be imprisoned,\nwith or without hard labor, for not more than two years, or fined not more than two thousand\ndollars.\n\n(2) When the misappropriation or intentional taking amounts to a value of one\nthousand dollars or more, but less than five thousand dollars, the offender shall be\nimprisoned, with or without hard labor, for not more than five years, or may be fined not\nmore than three thousand dollars, or both.\n\n(3) When the misappropriation or intentional taking amounts to a value of five\nthousand dollars or more but less than twenty-five thousand dollars, the offender shall be\nimprisoned, with or without hard labor, for not more than ten years, or may be fined not more\nthan ten thousand dollars, or both.\n\n(4) When the misappropriation or intentional taking amounts to a value of twenty-five\nthousand dollars or more, the offender shall be imprisoned at hard labor for not more than\ntwenty years, or may be fined not more than fifty thousand dollars, or both.\n\n(5) In determining the amount of the misappropriation or intentional taking, the court\nshall include the cost of repairing work fraudulently performed by the contractor and the cost\nof completing work for which the contractor was paid but did not complete.\n\nD.(1) In addition to the penalties provided in Subsection C of this Section, a person\nconvicted of residential contractor fraud shall be ordered to make full restitution to the victim\nand any other person who has suffered a financial loss as a result of the offense. For the\npurposes of this Subsection, restitution to the victim shall include the cost of repairing work\nfraudulently performed by the contractor and the cost of completing work for which the\ncontractor was paid but did not complete.\n\n(2) A person sentenced under the provisions of Paragraph (C)(2), (3), or (4) of this\nSection when the victim is sixty-five years of age or older, in addition to any other penalties\nimposed pursuant to this Section, shall be imprisoned, with or without hard labor, for not\nmore than five years to be served concurrently with the sentence imposed.\n\nE. Nothing in this Section shall preclude a victim from pursuing civil remedies\npursuant to R.S. 9:4856 or any other applicable provision of law.\n\nActs 2008, No. 292, \u00a71; Acts 2009, No. 268, \u00a71; Acts 2012, No. 120, \u00a71; Acts 2014,\nNo. 62, \u00a71; Acts 2014, No. 811, \u00a76, eff. June 23, 2014; Acts 2017, No. 281, \u00a71; Acts 2024,\nNo. 728, \u00a71."
}