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 Wisconsin, the offense of defrauding an innkeeper is covered under Wisconsin Statutes Section 943.21, which addresses fraud on hotel or restaurant keepers, recreational attraction operators, taxicab operators, and others. The statute makes it illegal to obtain services or accommodations at any of the mentioned establishments with the intent not to pay for them. This includes obtaining lodging, food, fuel, or other accommodations with the intent to defraud the provider of those services. The law also covers situations where an individual uses a credit card they know is not authorized or valid for the transaction. Depending on the value of the services obtained, the offense can be charged as a misdemeanor or a felony. If the value is less than $2,500, it is typically a misdemeanor, and if it is more, it can be charged as a felony. The statute also provides that if there is a bona fide dispute over the amount owed, this is a defense against the charge. Penalties for conviction can include fines, restitution, and imprisonment.