[§708-8301] Habitual unlicensed contracting activity; felony.
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[§708-8301] Habitual unlicensed contracting activity; felony.
(1)A person commits the offense of habitual unlicensed contracting activity if the person has had two or more convictions within ten years, preceding the conduct for which the person is charged under this section, for unlicensed contracting activity in violation of section 436B-27 or 708-8300, and:
(a)Engages in any activity for which a contractor's license is required under chapter 444, and is not licensed as a contractor under chapter 444 when engaging in the activity; or
(b)Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2)A conviction for purposes of this section is a judgment on a verdict, a finding of guilt, or a judgment on a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the convictions shall not have been expunged by pardon, reversed, or set aside.
(3)Habitual unlicensed contracting activity is a class C felony.
(4)It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity. [L 2012, c 244, pt of §1]