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 Tennessee, defrauding an innkeeper is addressed under Tennessee Code Annotated § 39-14-105, which makes it a criminal offense to intentionally obtain services, accommodations, entertainment, or personal property without paying for them, with the intent to avoid payment. This includes acts such as leaving a hotel without settling the bill, dining and dashing at a restaurant, or filling up a vehicle with gas and driving off without paying. The law presumes an intent to defraud if a person absconds without paying or if their payment method is declined and they fail to make good on the payment. Depending on the value of the services or property obtained, the offense can be prosecuted as a misdemeanor or felony. For example, if the value is $1,000 or less, it is a misdemeanor, and if it is more than $1,000, it is a felony, with penalties increasing with the value of the theft. It is important to note that if there is a genuine dispute over the amount owed and an offer of payment is made and refused, this may be a defense against a charge under this statute.