Tennessee § 62-7-107 - Fraud in obtaining accommodations or restaurant services — Penalties.

§ 62-7-107. Fraud in obtaining accommodations or restaurant services — Penalties.

As used in this section, unless the context otherwise requires: “Accommodations” means lodging, services, goods, credit or valuable articles procured at a public establishment with lodging or under the pretense of having lodging, after having reasonable notice of the charges for same; “Public establishment” means any food service establishment as defined in § 68-14-302 and also means any establishment that in the usual course of business offers overnight lodging to the general public on a day-to-day basis and also includes incidental businesses located and operated on the premises of the establishment primarily for the convenience of patrons of the establishment; and “Restaurant services” means any services provided by a food service establishment as defined in § 68-14-302. It is prima facie evidence of intent to defraud for any person to procure accommodations or restaurant services by false pretense or through show or pretense of baggage, key or other property under the false pretense of being registered at a public establishment, for any person to have procured accommodations or restaurant services and thereafter to abscond or surreptitiously remove or attempt to remove baggage or property without paying or offering to pay for the accommodations or for any person to receive restaurant services and thereafter to abscond or surreptitiously leave the premises without paying or offering to pay for the restaurant services. Any person who pays for accommodations or restaurant services by check, draft or order for the payment of money shall be subject to §§ 39-14-121 and 39-14-122. Any person who pays for accommodations or restaurant services by credit card shall be subject to §§ 39-14-118 and 39-14-119. Accommodations or restaurant services paid for by check, draft, order or credit card at the time of registering at a public establishment, or subsequent to registering, up to and including the time of checking out of the public establishment shall, for all purposes, be considered as having been received simultaneously with the time the payment is made or instrument is passed. Any person who, with intent to defraud, procures accommodations or restaurant services in any public establishment commits a Class C misdemeanor if the total amount procured is two hundred dollars ($200) or less. If the amount procured is more than two hundred dollars ($200), the person commits a Class E felony. Acts 1895, ch. 67, § 1; Shan., § 3594; Code 1932, § 6682; Acts 1975, ch. 216, § 1; T.C.A. (orig. ed.), § 62-707; Acts 1982, ch. 789, §§ 1-8; Acts 1983, ch. 51, § 1; 1989, ch. 591, §§ 11, 78. Compiler's Notes. The definition of “food service establishment” in 68-14-302, which is referred to in this section, was deleted pursuant to Acts 2013, ch. 182, § 23, as amended by Acts 2014, ch. 636, § 1, effective July 1, 2015. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Hotels, Inns and Restaurants, §§ 3, 7. Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).