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 Nebraska, the offense of defrauding an innkeeper is covered under Nebraska Revised Statute 28-1414. This statute makes it illegal to obtain services, accommodations, entertainment, or the use of facilities without payment or by using any false pretense, token, or device with the intent to defraud the provider of such services. This includes, but is not limited to, food, lodging, and fuel. The law presumes intent to defraud if a person refuses to pay or provides a declined credit card or bad check. Depending on the value of the services obtained, the offense can be classified as a misdemeanor or a felony. For instance, if the value is $500 or less, it is considered a misdemeanor, while a value exceeding $500 can elevate the charge to a felony. The specific penalties vary based on the classification of the offense and can include fines, restitution, and imprisonment. It is important to note that if there is a genuine dispute over the amount owed and a reasonable offer of payment is made and refused, this may serve as a defense against a charge under this statute.