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 Ohio, defrauding an innkeeper is addressed under Ohio Revised Code Section 2913.02, which covers theft offenses. This statute makes it a criminal offense to obtain services from an establishment, such as a hotel or restaurant, with the intent not to pay. Evidence of refusal to pay or providing payment that is not honored can be used as proof of fraudulent intent. Depending on the value of the services obtained, the offense can be prosecuted as a misdemeanor or a felony, with penalties ranging from fines to imprisonment. Regarding employee paycheck deductions, Ohio law, specifically under Ohio Revised Code Section 4113.15, prohibits employers from making deductions from an employee's wages unless certain conditions are met, such as the employee's written consent or a court order. Deductions for customer walkouts or unpaid tabs are generally not permitted without the employee's consent. However, Ohio is an at-will employment state, meaning employers can terminate employees for any reason that is not illegal, including incidents of customers not paying their bills, provided it does not violate specific legal protections.