First, knowingly/(with reason to know);

Second, entered into a consumer transaction for home repair; and

Third, knowingly/(with reason to know);

Fourth, [misrepresented a material fact relating to the (terms of the consumer transaction)/(the preexisting/existing condition of any portion of the property involved)]; OR

[created/confirmed an impression of the consumer which was false and which the defendant did not believe to be true]; OR

[promised performance which the defendant (did not intend to perform)/(knew would not be performed)]; OR

[used/employed any deception/(false pretense/promises) in order to induce/encourage/solicit a consumer to enter into a consumer transaction]; OR

[required payment for the home repair at a price which unreasonably exceeded the value of the services and materials needed for the home repair];

[Fifth, (when the value received for the performance of the consumer transaction exceeded $500.00)/(the defendant had a prior conviction for home repair fraud)].

First, knowingly/(with reason to know);

Second, damaged the property of another;

Third, with the intent to enter into a consumer transaction for home repair;

[Fourth, (when the value received for the performance of the consumer transaction exceeded $500.00)/(the defendant had a prior conviction for home repair fraud)].

First, knowingly/(with reason to know);

Second, misrepresented himself/herself/(another person) to be an employee/agent of (the federal/State/county/municipal government)/(a public utility);

Third, with the intent to cause a person to enter into a consumer transaction for home repair with himself/ herself/(another person);

[Fourth, (when the value received for the performance of the consumer transaction exceeded $500.00)/(the defendant had a prior conviction for home repair fraud)].

Notes on Use

The last element of each option should be omitted in misdemeanor prosecutions.