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 Georgia, the offense of defrauding an innkeeper is covered under Georgia Code Title 16, Chapter 8, Section 16-8-12, which makes it illegal to obtain services, accommodations, or other items of value from an establishment with the intent of avoiding payment. This includes acts such as leaving a hotel without paying for the room or dining at a restaurant and not paying the bill. The intent not to pay is a crucial element of the crime, and evidence such as refusing to pay, providing a declined credit card, or writing a bad check can be used to demonstrate this intent. The severity of the offense in Georgia can range from a misdemeanor to a felony, depending on the value of the services or accommodations obtained. If the value is less than $1,500, it is typically treated as a misdemeanor, while amounts exceeding $1,500 can be prosecuted as a felony. The penalties may include fines, restitution, and possible jail or prison time. It is important to note that if there is a genuine dispute over the amount owed and a reasonable payment is offered and refused, this may serve as a defense against the charge of defrauding an innkeeper.