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 New Jersey, defrauding an innkeeper is considered a criminal offense under N.J.S.A. 2C:20-8, titled 'Theft of Services.' This statute makes it illegal to purposely obtain services which one knows are available only for compensation, by deception, threat, or other means to avoid payment. If someone refuses to pay, provides a declined credit card, or a bad check, it is typically evidence of intent to commit the offense. The severity of the charge, whether a misdemeanor or felony, often depends on the value of the services obtained. Regarding employee paycheck deductions, New Jersey law is protective of employees. Under N.J.S.A. 34:11-4.4, employers are generally prohibited from making deductions from an employee's wages for items like walkouts or unpaid customer tabs, unless the employee has voluntarily given written consent for the deduction for specific items that are due and owing to the employer. Employers cannot deduct for dine and dash incidents unless they can prove the employee's consent or that the employee was negligent or complicit in the incident. However, if employment is at-will, an employer may still terminate an employee for such incidents, subject to the constraints of anti-discrimination laws and any contractual or collective bargaining agreements.