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 Rhode Island, the offense of defrauding an innkeeper is addressed under Rhode Island General Laws § 11-18-10, which makes it illegal to obtain food, lodging, or other accommodations at an establishment with the intent not to pay. This statute covers actions such as leaving without paying or using a declined credit card or bad check. The intent to defraud is a key element of the crime, and evidence of refusal or neglect to pay, or providing payment that is not honored, can be used to infer fraudulent intent. The severity of the charge in Rhode Island, whether it is treated as a misdemeanor or a felony, typically depends on the value of the goods or services obtained. If the amount owed is disputed and a reasonable amount is offered in payment but refused, this may serve as a defense against the charge. An attorney can provide specific guidance on how this statute might apply in a particular case and what defenses might be available.