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 Hawaii, the offense of defrauding an innkeeper is covered under Hawaii Revised Statutes Section 708-836. This statute makes it a criminal offense to obtain food, lodging, services, or other accommodations at an establishment without payment or with the intent to defraud the provider. The law applies to restaurants, hotels, and similar establishments. The intent not to pay can be inferred from circumstances such as refusing to pay, providing a declined credit card, or issuing a bad check. Depending on the value of the services or accommodations obtained, the offense can be classified as a misdemeanor or a felony, with penalties ranging from fines to imprisonment. Hawaii law also considers the use of false pretenses to secure credit at such establishments as a criminal act. 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 under this statute.