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 Ohio, defrauding an innkeeper is addressed under Ohio Revised Code Section 2913.02, which covers the offense of theft. The statute includes the act of obtaining services from an establishment, such as a hotel, restaurant, or gas station, with the intent not to pay. This can be by deception, threat, or by using a credit card or check knowing that it will not be honored. The severity of the charge, whether a misdemeanor or a felony, typically depends on the value of the services obtained. For example, if the value is less than $1,000, it is generally considered a misdemeanor of the first degree. If the value is $1,000 or more, the offense can be charged as a felony, with the degree of felony increasing with the value of the services stolen. 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 a charge of defrauding an innkeeper.
