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 Pennsylvania, the offense of defrauding an innkeeper is covered under the Pennsylvania Consolidated Statutes, Title 18, Section 3927, which is known as 'Theft by failure to make required disposition of funds received.' This statute makes it a criminal offense to intentionally obtain services from an establishment such as a restaurant, hotel, or similar business with the intent not to pay. The law presumes intent if the individual absconds without paying or if payment is rendered with a check or credit card that is subsequently dishonored. The severity of the offense in Pennsylvania can range from a summary offense to a felony, depending on the value of the services obtained. If the value is less than $50, it is a summary offense; if the value is $50 or more but less than $200, it is a third-degree misdemeanor; and if the value is $200 or more, it is graded accordingly, up to a third-degree felony for values exceeding $2,000. It is important to note that if there is a bona fide dispute over the amount owed, this may serve as a defense against the charge of defrauding an innkeeper.