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 Kentucky, the offense of defrauding an innkeeper is covered under Kentucky Revised Statutes (KRS) 514.040. This statute makes it illegal to obtain services from an establishment, such as a hotel, restaurant, or gas station, with the intent not to pay. The law considers actions such as leaving without paying, using a declined credit card, or writing a bad check as evidence of fraudulent intent. The severity of the charge in Kentucky can range from a misdemeanor to a felony, depending on the value of the services obtained. For amounts less than $500, the offense is typically a misdemeanor, which can result in fines and up to 12 months in jail. For amounts $500 or more, the offense can be charged as a felony, potentially leading to more severe penalties, including longer imprisonment. However, if there is a genuine dispute over the amount owed and a payment offer is made and refused, this may serve as a defense against the charge of defrauding an innkeeper.