"Dine and dash" is a popular American phrase for the illegal act of "defrauding an innkeeper” or failing to pay for services with the intent to defraud the owner of a hotel, restaurant, campground, or any other establishment that serves food and/or beverages. In the US, to dine and dash is a form of theft, typically in which a patron or patrons order and consume food and/or beverages from a restaurant or similar establishment with the intent not to pay.[1] The act usually involves the client placing an order for a meal, consuming the meal, and then exiting the establishment before or after being presented with the bill.
Defrauding an innkeeper—to dine and dash—is more than just failing to pay a bill. The diner's intent differentiates the civil case of failing to pay a bill from the criminal act of defrauding an innkeeper.[2] When the customer intended in advance to leave their bill unpaid and therefore obtained the valuable services under false pretenses, failing to pay the bill is considered theft and is a form of criminal fraud.[2]
Simply failing to pay a bill when due is generally not a crime in most United States circumstances or jurisdictions. It is a contract debt, and the act is civil rather than criminal in nature, meaning the establishment that offered the service could sue the patron in order to recoup the funds or attain additional compensation for damages.[3]
However, in certain states, dining and dashing is a criminal issue. In Mississippi, it is a felony offense to refuse to pay a bill over $25.00.[4][5] In one case, Paul Guadalupe Gonzales, who became known as the "Dine-and-Dash Dater", was arrested and charged with 10 felonies after 13 women came forward about his actions.[6][7]
Sometimes the establishment may make their employees pay the cost of customer theft to give them an incentive to police their customers. They may do so explicitly by deducting unpaid meals from wages or tips, or implicitly through an end-of-shift reconciliation system whereby the server is expected to provide enough cash and credit card receipts to cover the cost of their customers' meals, and keep any surplus as tips. In some locales, this is an illegal form of wage theft,[15] and if the server is held responsible for tabs that are not paid, the employer is liable for paying back the server's stolen wages.
In Michigan and many other states, "defrauding an innkeeper" is a specialized statutory misdemeanor offense, with a maximum penalty of 93 days in jail and a fine of up to $500 and possible probation for up to 2 years. It can be charged either under state law or local ordinance. The gravamen of this offense involves failure to pay an incurred bill at a bar, cafe, hotel, motel or restaurant with intent to defraud the business establishment.[16]
In Irish law, it is a criminal offense that falls under the crime of making off without payment introduced in 1978; the law is active in Ireland.
Denny's reportedly aggressively pursues charges against diners who dine-and-dash.
