Most states have a specific statute (often called defrauding an innkeeper) that makes it a criminal offense to obtain food, lodging, fuel, or other accommodations at a restaurant, hotel, ski resort, campground, marina, gas station, or other establishment, with the intent not to pay for such goods and services—or to secure credit at such an establishment through fraud or other means of deceit (false pretenses). Proof that a person refused or neglected to pay for such food, lodging, fuel, or accommodations, or gave payment that was not honored (declined credit card, bad check) is generally proof of such fraudulent intent not to pay for the goods or services.
The definitions and punishment for this criminal offense vary from state to state, but generally may be prosecuted as a misdemeanor or as a felony, and may include confinement in jail or state prison. In some states, if the amount owed was disputed and the amount offered in payment was refused, a person cannot be convicted under the statute.
In Alabama, defrauding an innkeeper is considered a criminal offense under Alabama Code Section 13A-9-12, which addresses 'Fraud in connection with rental accommodations or services.' This statute makes it illegal to obtain accommodations, food, or other services at an establishment without paying or with the intent to avoid payment. The law covers actions such as leaving without paying or using a false pretense to secure credit. The severity of the offense can range from a misdemeanor to a felony, depending on factors such as the value of the services obtained and the offender's criminal history. If the amount owed is in dispute and a reasonable payment is offered and refused, this may be a defense against a charge under this statute. Penalties for conviction can include fines, restitution, and imprisonment. An attorney can provide specific guidance on how this law might apply in a given situation.