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 Missouri, the offense of defrauding an innkeeper is covered under Missouri Revised Statutes, Section 570.120, which is known as 'Defrauding secured creditors' or sometimes referred to as 'Defrauding an innkeeper'. This statute makes it a criminal offense to obtain services such as food, lodging, or other accommodations at an establishment with the intent not to pay. The law considers evidence such as refusing to pay or providing payment that is not honored (like a declined credit card or a bad check) as indicative of fraudulent intent. The severity of the offense in Missouri can range from a misdemeanor to a felony, depending on factors such as the value of the services obtained and the defendant's prior criminal history. The punishment may include fines, restitution, and 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 a charge under this statute. Individuals facing such charges should consult with an attorney to understand their rights and the specific implications of the law in their case.