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 Nevada, the offense of defrauding an innkeeper is covered under Nevada Revised Statutes (NRS) 205.445. This statute makes it illegal to obtain food, lodging, services, or accommodations at an establishment without paying, with the intent to defraud the proprietor or manager. This includes situations where an individual absconds without paying or provides a declined credit card or bad check. The severity of the offense in Nevada can range from a misdemeanor to a felony, depending on the value of the goods or services obtained. For amounts less than $1,200, the offense is treated as a misdemeanor, which can result in up to 6 months in jail and/or a fine up to $1,000. For amounts of $1,200 or more, the offense is treated as a felony, which can lead to more severe penalties including imprisonment in state prison. It is important to note that if there is a bona fide dispute over the amount owed, and a payment offer is made and refused, this may serve as a defense against a charge under this statute.