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 Colorado, defrauding an innkeeper is addressed under Colorado Revised Statutes 18-4-401 and 18-4-402. This statute makes it a criminal offense to obtain services such as food, lodging, fuel, or other accommodations with the intent not to pay. The law covers establishments like restaurants, hotels, ski resorts, campgrounds, marinas, and gas stations. The intent not to pay can be inferred from actions such as refusing to pay, providing a declined credit card, or writing a bad check. The severity of the offense in Colorado can range from a petty offense to a felony, depending on the value of the services obtained. The punishment can include fines, restitution, and imprisonment. However, 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.