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 Kansas, defrauding an innkeeper is addressed under Kansas Statutes Annotated (K.S.A.) 21-5828. This statute makes it a crime to obtain services, accommodations, entertainment, or the use of facilities without payment with the intent to defraud the provider. This includes acts such as staying at a hotel or eating at a restaurant with no intention to pay. The law also covers situations where an individual uses deception or a fraudulent scheme to avoid payment. The severity of the offense in Kansas can range from a Class A nonperson misdemeanor to a severity level 9, nonperson felony, depending on the value of the services obtained. If the value is less than $1,000, it is treated as a misdemeanor, while services valued at $1,000 or more can result in felony charges. The statute provides that evidence of refusal to pay or providing a declined credit card or bad check can be considered proof of intent to defraud. However, if there is a bona fide dispute over the amount owed, this may serve as a defense against the charge.