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 Rhode Island, defrauding an innkeeper is considered a criminal offense under Rhode Island General Laws § 11-18-10. This statute makes it illegal to obtain food, lodging, fuel, or other accommodations with the intent not to pay. Evidence of refusal or neglect to pay, or providing a declined credit card or bad check, can be considered proof of fraudulent intent. The severity of the offense, whether misdemeanor or felony, and the corresponding penalties, such as jail or prison time, depend on the circumstances and the value of the goods or services obtained. Regarding employee paycheck deductions, Rhode Island law, specifically under § 28-14-10, prohibits employers from making deductions from an employee's wages for shortages in a cash register, lost or stolen property, damage to property, or any other claimed indebtedness running from employee to employer, unless the employee has consented in writing to the deduction after the loss has occurred. This means that employers in Rhode Island cannot deduct the amount owed by a customer from an employee's pay without the employee's written consent. Additionally, while employers may terminate at-will employees for various reasons, they cannot make unlawful deductions from their wages for incidents like a customer walking out without paying.