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 Idaho, the offense of defrauding an innkeeper is covered under Idaho Code § 18-3101, which makes it a crime to obtain food, lodging, services, or other accommodations at an establishment without paying or with the intent to defraud the owner or manager. This includes acts such as leaving without paying, using a declined credit card, or providing a bad check. The intent to defraud is often inferred from the individual's actions, such as refusal to pay or providing invalid payment. The severity of the charge in Idaho can range from a misdemeanor to a felony, depending on the value of the goods or services obtained. If the value is less than $1,000, it is typically charged as a misdemeanor, and if the value is $1,000 or more, it can be charged as a felony. Penalties may include fines, restitution, and possible jail or prison time. However, if there is a genuine dispute over the amount owed and a reasonable offer of payment is made and refused, this may serve as a defense against the charge of defrauding an innkeeper.