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 South Carolina, the offense of defrauding an innkeeper is addressed under the South Carolina Code of Laws, specifically in Section 45-1-60. This statute makes it illegal to obtain food, lodging, or other accommodations at an establishment without intending to pay for them. The law covers actions such as leaving without paying or providing a false or declined form of payment, such as a bad check or a declined credit card. The intent to defraud is a key element of the crime, and evidence of non-payment or dishonored payment is typically used to demonstrate this intent. Depending on the value of the goods or services obtained, the offense can be prosecuted as a misdemeanor or felony, with penalties ranging from fines to 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 a charge under this statute.