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 Arkansas, defrauding an innkeeper is considered a criminal offense under Arkansas Code Annotated § 5-37-302. This statute makes it illegal to obtain services such as food, lodging, or other accommodations with the intent not to pay. The law covers establishments like hotels, restaurants, and gas stations. If an individual uses deception, a bad check, or a declined credit card to avoid payment, it is typically seen as evidence of fraudulent intent. The severity of the charge in Arkansas can range from a misdemeanor to a felony, depending on the value of the services obtained. The punishment may include fines, restitution, and possible jail or prison time. However, if there is a genuine dispute over the amount owed and an offer of payment is made but refused, this may serve as a defense against a charge under this statute.