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 New Hampshire, the offense of defrauding an innkeeper is addressed under RSA 637:8, which is titled 'Defrauding an Innkeeper'. This statute makes it illegal for a person to obtain services, accommodations, food, or other amenities from an establishment with the intent not to pay. This includes hotels, restaurants, ski resorts, campgrounds, and similar establishments. The law considers evidence such as refusing to pay, providing a payment method that is not honored (like a declined credit card or a bad check), or securing credit through deceit as indicative of fraudulent intent. The severity of the offense in New Hampshire can range from a misdemeanor to a felony, depending on the value of the services obtained. The penalties may include fines, restitution, and possible imprisonment. 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.