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 Michigan, defrauding an innkeeper is addressed under Michigan Penal Code Section 750.219c. This statute makes it a criminal offense to obtain food, lodging, fuel, or other accommodations or services at an establishment with the intent not to pay. The law covers actions such as leaving without paying or obtaining services through deceit or false pretenses. The evidence of intent can be inferred from actions such as providing a declined credit card or a bad check. Depending on the value of the goods or services obtained, the offense can be prosecuted as a misdemeanor or a felony. For instance, if the value is less than $100, it may be treated as a misdemeanor with lesser penalties, while higher amounts could lead to felony charges with more severe consequences, including potential imprisonment. It is important to note that 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 the charge of defrauding an innkeeper.