What is Defrauding an Innkeeper in California?
The crime of "defrauding an innkeeper" is outlined in California Penal Code 537. This type of theft can be prosecuted as a felony if the total value stolen exceeds a certain amount.
It encompasses various theft-related offenses, such as failing to pay for goods or services, including meals at a restaurant or hotel stays.
For example, if you order food at a restaurant and, after eating, tell the waitress you forgot your wallet in the car and need to get it to pay.
In reality, you just leave without paying and have no intention of paying; this is an example of skipping out without paying. This act is likely the most common form of PC 537, defrauding an innkeeper.
Key Takeaways
- Today, modern technology makes it very easy to pay for goods or services online using stolen or expired credit cards. This has led to defrauding an innkeeper becoming a common theft crime in California.
- The penalties for defrauding an innkeeper depend on the total value of the goods or services taken without payment.
- PC 537 is usually charged as either petty theft or grand theft.
What Does PC 537 Say?
California Penal Code Section 537 describes defrauding an innkeeper as: "Any person who obtains food, fuel, services, accommodations at a hotel, restaurant, apartment, campground, or ski area without paying, with an intent to defraud, or obtains credit using pretense, or absconds by force or threats, removes their baggage with an intent not to pay for their food or accommodations."
To establish guilt for defrauding an innkeeper under Penal Code 537, the prosecutor must prove, beyond a reasonable doubt, that all elements of the crime are satisfied.
- The defendant received goods or services from a business.
- Received these services without making any payment, and
- Intended to intentionally deceive the business for goods or services.
The prosecutor may also try to show that you obtained credit from a business, like a motel, through deception. "Defraud" or "false pretense" means using tricks, lies, or misrepresentation to get something of value.
What Are the Related Crimes?
It should be noted that certain California crimes are closely related to the offense of defrauding an innkeeper under Penal Code 537, including:
- Penal Code 484(a) - Petty Theft
- Penal Code 487 - Grand Theft
- Penal Code 495.5 - Shoplifting
- Penal Code 532 - Theft by False Pretenses
Penalties for Defrauding an Innkeeper
If convicted of PC 537 for defrauding an innkeeper, the penalties depend on the value of the goods or services taken without payment. This offense can be classified as either petty theft or grand theft, based on the total loss suffered by the victim.
If convicted of misdemeanor petty theft with a total loss of $950 or less, penalties include up to 6 months in county jail, a fine of up to $1,000, and victim restitution.
If the stolen goods or services are valued over $950, the charges escalate to grand theft, a "wobbler" that can be prosecuted as either a misdemeanor or a felony.
The prosecutor's decision on how to file your case depends on your criminal history. If you have prior Penal Code 537 convictions, the prosecutor will likely file felony charges.
A felony grand theft conviction can lead to penalties such as up to 3 years in a California state prison, a fine of up to $10,000, and victim restitution. In contrast, a misdemeanor grand theft conviction could result in up to one year in county jail and a fine.
What are the Available Defenses?
Our criminal defense attorneys employ various strategies to defend you against PC 537 charges of defrauding an innkeeper. We start by reviewing all case details to identify the best approach. Common defenses include:
- No intent to defraud: Refer back to the definition of PC 537 regarding defrauding an innkeeper. You cannot be convicted unless the prosecutor demonstrates that you had a specific intent to commit fraud. Depending on the circumstances of the case, we may argue that this element does not apply. We might establish there was no criminal intent—perhaps you were distracted by an important matter, and the failure to pay was unintentional, merely an oversight.
- Mistake defense: We may argue that your failure to pay for goods or services was an honest mistake. It could have been due to miscommunication or a simple misunderstanding, and not an intentional violation of PC 537, which involves defrauding an innkeeper.
If you are accused of violating California Penal Code 537, which concerns defrauding an innkeeper, contact our California criminal defense attorneys at the Hedding Law Firm for case evaluation and guidance.
Our firm has a strong track record of success in theft-related cases and might negotiate with prosecutors for reduced charges or even have the charges dropped through prefiling intervention.
