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 North Dakota, defrauding an innkeeper is addressed under North Dakota Century Code 12.1-23-10, which makes it illegal to obtain services or accommodations at hotels, restaurants, or other establishments without payment or with the intent to avoid payment. This includes obtaining services by deception, false pretense, or by absconding without paying. The severity of the offense can range from a misdemeanor to a felony, depending on the value of the services obtained. If the value is less than $500, it is typically treated as a misdemeanor, while a value exceeding $500 can elevate the charge to a felony. The law also considers the use of a declined credit card or a bad check as evidence of intent to defraud. However, 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.