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 North Carolina, defrauding an innkeeper is addressed under General Statute § 14-110, which makes it illegal to obtain any accommodations, food, or other services at any hotel, inn, boardinghouse, eating house, restaurant, or other establishment with the intent to defraud the owner or manager. This includes obtaining credit under false pretenses or refusing to pay for such services. The statute also covers instances where an individual gives a check that is later dishonored. Depending on the value of the services obtained, the offense can be prosecuted as a misdemeanor or felony. If the value is $1,000 or less, it is typically a misdemeanor, and if it is more than $1,000, it can be charged as a felony. The specific penalties can 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.