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.

Employee Paycheck Deductions

Some states have laws—usually statutes in the labor or employment code—that prohibit employers in the service industries (restaurants, bars, hotels) from deducting any amount of a check, bill, or tab owed by a customer from the employee’s pay—but other states do not have laws that prohibit such deductions.

In practice, most employers will not make such deductions unless they believe the employee was negligent or complicit in the walked-out or dine and dash tab. And if the employee’s employment is at will, the employer can generally fire the employee for a dine and dash tab.

In Alaska, defrauding an innkeeper is addressed under Alaska Statutes Section 11.46.500, which makes it a crime to obtain services, accommodations, or the use of facilities without payment or with the intent to avoid payment. This includes food, lodging, and other services provided by establishments like restaurants and hotels. The law presumes intent to defraud if a person refuses to pay or provides a declined credit card or bad check. Depending on the value of the services obtained, the offense can be classified as a misdemeanor or a felony, with penalties ranging from fines to imprisonment. Regarding employee paycheck deductions, Alaska Statutes Section 23.10.140 prohibits employers from making deductions from an employee's wages for cash shortages, breakage, loss of equipment, and other similar charges unless the employee voluntarily authorizes it in writing or is found guilty or held liable in court for the loss. This means that in Alaska, employers generally cannot deduct the amount owed by a customer from an employee's pay without the employee's written consent or a court judgment.