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Prosecutors back narrower fraud standard for home-improvement cases, say many disputes are civil
Summary
State prosecutors told the House Judiciary Committee that amended language in S183 adding intent/knowledge elements will help criminal prosecutions of clear fraud, but most consumer complaints remain contract disputes better suited to civil remedies.
Prosecutors told the House Judiciary Committee on April 2 that narrowing the criminal statute for home-improvement fraud in S183 is a practical step toward prosecuting clear fraud while recognizing that many homeowner complaints are civil contract disputes.
Kim McManis of the Department of State’s Attorneys and Sheriffs summarized recent amendments that add a knowing-intent element to prosecutions under S183 and said the change responds to superior-court rulings that raised constitutional concerns. McManis cautioned the…
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