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 Idaho, the crime of defrauding an innkeeper is addressed under Idaho Code § 18-3101, which makes it illegal to obtain services, accommodations, food, or other items from an establishment with the intent not to pay. This includes restaurants, hotels, and similar businesses. If a person refuses to pay, provides a declined credit card, or a bad check, it is generally considered evidence of intent to defraud. The severity of the charge, whether misdemeanor or felony, typically depends on the value of the services or goods obtained. Regarding employee paycheck deductions, Idaho Code § 45-609 prohibits employers from deducting any amount owed by a customer from an employee's wages without the employee's written authorization. This means that in Idaho, an employer cannot deduct the cost of a dine and dash from an employee's paycheck unless the employee has agreed to it in writing. However, Idaho is an at-will employment state, meaning employers can terminate employees for any legal reason, including incidents involving customers who do not pay their bills.