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 Iowa, the offense of defrauding an innkeeper is addressed under Iowa Code Section 714.16, which covers theft of services. This statute makes it illegal to obtain services from an establishment, such as a hotel, restaurant, or gas station, with the intent not to pay. The law considers evidence such as refusing to pay, providing a declined credit card, or writing a bad check as indicative of fraudulent intent. The severity of the offense in Iowa can range from a simple misdemeanor to a felony, depending on the value of the services obtained. For instance, if the value is under $200, it is considered a simple misdemeanor, but if the value exceeds $1,000, it can be classified as a felony. The penalties may include fines, restitution, and possible jail or prison time. It is important to note that if there was a genuine dispute over the amount owed and a reasonable payment was offered and refused, this may serve as a defense against the charge of defrauding an innkeeper.