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 Illinois, the offense of defrauding an innkeeper is covered under 720 ILCS 5/16-25, which is part of the Illinois Criminal Code. This statute makes it a criminal offense to obtain or attempt to obtain food, lodging, or other services at a hotel, restaurant, or other establishment without paying, with the intent to defraud the owner or manager. The law also covers situations where an individual attempts to secure credit at such establishments through deception. The severity of the offense can range from a Class A misdemeanor to a Class 4 felony, depending on the value of the services obtained or attempted to be obtained. If the value is less than $300, it is typically charged as a misdemeanor, and if the value is $300 or more, it can be charged as a felony. The statute also provides that if there is a bona fide dispute over the amount owed, the person may not be criminally liable under this law. Penalties for conviction can include fines, restitution, and possible jail or prison time, depending on the circumstances and the value of the services involved.