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 Indiana, the offense of defrauding an innkeeper is covered under Indiana Code 35-43-5-4. This statute makes it a criminal act to intentionally obtain services, accommodations, food, or any other articles without payment, with the intent to avoid payment. This includes staying at a hotel, eating at a restaurant, or obtaining fuel without paying. The law also covers situations where an individual uses deception or a fraudulent scheme to avoid payment. The severity of the charge in Indiana can range from a Class A misdemeanor to a Level 6 felony, depending on the value of the services or goods obtained. If the value is less than $750, it is typically a misdemeanor, and if it is $750 or more, it can be charged as a felony. However, if there is a genuine dispute over the amount owed and an offer of payment is made, this may serve as a defense against the charge of defrauding an innkeeper.