NRS 205.445: Defrauding an Innkeeper

In Nevada, it is a crime to knowingly defraud an innkeeper according to NRS 205.445. This law applies when someone deliberately avoids or attempts to avoid paying for goods or services rendered at an inn, hotel, casino, or similar establishment.

Common examples of this offense include guests who check out without paying for the room or customers who falsely claim their credit card was declined so they can avoid paying for the goods or services.

Last year, a man was arrested for defrauding an innkeeper, along with other charges. He was caught because a “guest” asked to visit a room number that was listed as vacant. The hotel staff grew suspicious and called the police. The man was eventually arrested.

Defrauding an innkeeper is a serious crime in Nevada, and can be charged as either a misdemeanor or felony depending on the circumstances. Those convicted of this offense may face jail time, fines, restitution to the victim, or a combination of these.

The penalties for violating NRS 205.445 vary depending on the amount of money stolen from the proprietor and prior criminal history if any.

Several defenses may be available to you if you are charged with violating NRS 205.445. If convicted, your records may be sealed after a certain period. If you have been charged with a crime, it is important to hire experienced legal representation to protect your rights.

What is NRS 205.445 and What Does It Say?

NRS 205.445 is a Nevada law that makes it illegal for someone to knowingly defraud a proprietor of a hotel, inn, restaurant, or other similar establishments. It reads:

 1. It is unlawful for a person:

     (a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;

     (b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or

     (c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his or her baggage therefrom, without paying for the food or accommodations.

     2. A person who violates any of the provisions of subsection 1 shall be punished:

     (a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one establishment is $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     (b) Otherwise, for a misdemeanor.

     3. Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person gave in payment for the food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that the person absconded without paying or offering to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person surreptitiously removed or attempted to remove his or her baggage, is prima facie evidence of the fraudulent intent mentioned in this section.

     4. This section does not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.

Common examples or scenarios where this law applies are when someone checks into a hotel or eats at a restaurant, then sneak out before paying the bill.

If you have been charged with violating NRS 205.445, some defenses may be available, depending on the facts of your case. It is important to consult an experienced criminal defense attorney to discuss these possible defenses and how they apply to your situation. The Defenders have decades of experience defending clients. Let us put our legal expertise to work for you – contact us today for a free consultation!

What Are the Penalties for Violating NRS 205.445

If the total value of the goods and services received from any one establishment is $1,200 or more, then the person may be convicted of a Category D felony as provided in NRS 193.130. Otherwise, if the value is less than $1,200, then the person may be convicted of a misdemeanor.

Conviction of either crime could result in jail time, fines and/or community service, depending on the circumstances. Additionally, the court may order the person to pay restitution.

For those convicted of a felony, they may face harsher penalties such as longer prison sentences and more costly fines. It is important to note that anyone convicted of violating NRS 205.445 will have a criminal record which can hinder their ability to obtain employment or housing in the future.

Value of goods/services	Penalties
Greater than $1200	Category D felony – 1-4 years in prison – Up to $5,000 in fines – Restitution
Less than $1200	Misdemeanor – Up to 6 months in prison – Up to $1,000 in fines – Restitution

What are the defenses to a charge of violating NRS 205.445

Depending on the facts of your case, various defenses may be available. Below are some common defense strategies:

No Intent to Defraud

An honest mistake—it’s certainly possible and you simply forgot to pay. If you were drinking alcohol or were tired or distracted, and you honestly forgot to pay your bill when leaving a restaurant or hotel, this might be used as a defense.

Eyewitnesses or other evidence could be used to show that you had no intent to defraud nor even tried to sneak out.

That said, if you’re caught driving while drunk, you can be charged with DUI charges.

You Were Not Responsible for the Charge

If someone else was responsible for the charge—maybe a family member or friend—you could point to them as the responsible party. Or, if someone else had a key to your room and they were the ones who ordered food or services without your knowledge, then you can present that evidence to fight the charges against you.

The Establishment Made a Mistake

If the establishment made a mistake in its billing or accounting, then you can mount a defense showing that you actually paid your bill by showing proof of transactions. For example, if you paid via credit card, it would be reflected on your credit card statement.

These are just a few of the potential defenses to a charge of violating NRS 205.445. Talk with an experienced criminal defense attorney to discuss what kind of defenses may be available in your specific situation. The Defenders have decades of experience defending clients. Request a free case review today.

Can My Records Be Sealed

For those convicted of violating NRS 205.445, it may be possible to have their records sealed.

• If you were convicted of a category D felony, your records can be sealed 5 years after the case closes
• If you were convicted of a misdemeanor, your records can be sealed 1 year after the case closes
• If the case was dismissed, you can petition to have the records sealed right away

Related Crimes

There are other crimes related to NRS 205.445 which the prosecutor might bring against you, including burglary and grand larceny. You may also be charged with failing to pay back casino markers or writing bad checks.

Depending on the circumstances, other criminal charges such as identity theft (if the person used false identification to avoid paying a bill) and obtaining money under false pretenses can also be brought against you.

Charged With a Crime? Hire The Defenders

If you have been charged with a crime in Nevada, it is important to seek help from an experienced criminal defense attorney. The Defenders can review your case and advise you on the best course of action.

We have decades of experience defending those charged with crimes. Request a free case review today to get started.

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