A. Falsely obtaining services or accommodations consists of a person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying the service, food, entertainment or accommodations.

B. A law enforcement officer may arrest without warrant a person the officer has probable cause to believe has committed the crime of falsely obtaining services or accommodations. A merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if the merchant, owner or proprietor has actual knowledge that the person arrested has committed the crime of falsely obtaining services or accommodations.

C. Whoever commits falsely obtaining services or accommodations when the value of the service, food, entertainment or accommodations furnished is:

(1) less than two hundred fifty dollars ($250) is guilty of a petty misdemeanor;

(2) more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor;

(3) more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony;

(4) more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony; and

(5) more than twenty thousand dollars ($20,000) is guilty of a second degree felony.

History: 1953 Comp., § 40A-16-16, enacted by Laws 1963, ch. 303, § 16-16; 1981, ch. 254, § 1; 1987, ch. 121, § 6; 2006, ch. 29, § 8.

The 2006 amendment, effective July 1, 2006, increased the value of the services, food, entertainment or accommodations in Paragraph (1) of Subsection C from less than $100 to less than $250; increased the value of the services, food, entertainment or accommodation in Paragraph (2) of Subsection C from more than $100 but less than $250 to more than $250 but less than $500; and increased the value of the thing embezzled or converted in Paragraph (3) of Subsection C from more than $250 to more than $500.

The 1987 amendment, effective June 19, 1987, redesignated former Subsections C(2) and C(3) as present Subsections C(3) and C(4), added present Subsections C(2) and C(5), substituted "two hundred fifty dollars ($250) but not more" for "one hundred dollars ($100) but less" in Subsection C(3), and inserted "but not more than twenty thousand dollars ($20,000)" in Subsection C(4).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Modern status of rule that crime of false pretenses cannot be predicated upon present intention not to comply with promise or statement as to future act, 19 A.L.R.4th 959.

43 C.J.S. Innkeepers § 28.