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 Virginia, the offense of defrauding an innkeeper is addressed under Virginia Code § 18.2-188. It is illegal to obtain food, accommodations, or other services at an establishment with the intent not to pay. This includes hotels, restaurants, and similar businesses. The law presumes intent to defraud if a person refuses to pay or provides a payment method that is not honored, such as a declined credit card or a bad check. The severity of the charge in Virginia can be a misdemeanor or a felony, depending on the value of the goods or services obtained. If the value is less than $200, it is generally treated as a misdemeanor; if the value is $200 or more, it can be prosecuted as a felony. The penalties may include fines, restitution, and possible jail or prison time. 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.