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 Utah, the offense of defrauding an innkeeper is covered under Utah Code § 76-6-602, which makes it illegal to obtain food, lodging, services, or other accommodations at an establishment with the intent not to pay. This includes restaurants, hotels, and similar businesses. The law specifies that intent to defraud can be inferred if an individual refuses to pay, provides a declined credit card, or issues a bad check. The severity of the charge, whether a misdemeanor or felony, typically depends on the value of the services or accommodations obtained. For smaller amounts, the offense may be treated as a misdemeanor, while larger amounts can elevate the charge to a felony level. Additionally, Utah law considers circumstances where there is a bona fide dispute over the amount owed; in such cases, if a reasonable amount is offered and refused, the person may not be convicted under this statute.