Defrauding an Innkeeper – California Penal Code 537 PC
California Penal Code 537 outlines the serious offense of 'defrauding an innkeeper.' Depending on the total value of the theft, this form of theft could even be filed as a felony offense.
Defrauding an innkeeper encompasses a range of theft offenses, including failing to pay for goods or services, such as paying for a meal at a restaurant or staying at a hotel.
For example, you may order food at a restaurant and, after eating, tell the waitress you forgot your wallet in the car and need to retrieve it to pay. Instead, you may simply leave without paying, with no intention of paying for it. Skipping out of a restaurant without paying is probably the most common type of PC 537 defrauding an innkeeper.
Another example involves failure to pay for services at a hotel. Let's say you told the hotel clerk you would pay cash for a hotel room after staying there for a few days. Next, you run up a tab on room service and pay-per-view movies. Then, you leave the hotel during late-night hours without paying, and in fact, you never intended to pay in the first place.
Today, modern technology makes paying for goods or services online with stolen or expired credit cards very easy. This makes defrauding an innkeeper a common California theft crime.
As stated, the penalties for defrauding an innkeeper will depend on the total value of the goods or services taken without payment. PC 537 is typically filed as either a petty theft or grand theft crime.
Our Los Angeles criminal defense lawyers have provided an overview below to help readers better understand the defrauding of an innkeeper's charges.
What is the Definition of Defrauding an Innkeeper?
California Penal Code 537 PC defines 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 be found guilty of defrauding an innkeeper, as defined under Penal Code 537, the prosecutor has to be able to prove, beyond a reasonable doubt, all the elements of the crime:
- Defendant obtained goods or services from a business
- Obtained these services without paying, and
- Had the specific intent to defraud the business of the goods or services
The prosecutor might also attempt to prove that you obtained a form of credit from a business, such as a motel, using false pretenses. The terms “defraud” or “false pretense” mean you used deceit, tricks, or misrepresentation to obtain something of value.
Related Crimes
It should be noted that some California crimes are closely related to 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 found guilty of PC 537 defrauding an innkeeper, the penalties will be determined by the value of the goods or services that were taken without payment.
Defrauding an innkeeper can be filed as either petty theft or grand theft and will always be based on the total loss sustained by the victim. The potential consequences are significant and should not be taken lightly.
If convicted of misdemeanor petty theft, which means the total loss was $950 or less, the penalties include up to 6 months in a county jail, a fine up to $1,000, and a requirement to pay victim restitution.
If the value of the goods or services taken without paying is greater than $950, you will be facing grand theft charges, which are a “wobbler.
"A 'wobbler' is a term used in California law to describe crimes that can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history.
The prosecutor's decision on how to file the case will depend on your prior criminal history. This means if you have a prior Penal Code 537 conviction, the prosecutor will normally decide to file a felony case.
Thus, if convicted of a felony grand theft, the penalties will include up to 3 years in a California state prison, a fine of up to $10,000, and victim restitution. If convicted of misdemeanor grand theft, the penalties will include up to one year in a county jail and a fine.
Defenses for PC 537 Defrauding an Innkeeper Charges
Our Los Angeles criminal defense attorneys can use a variety of strategies to defend you against charges of PC 537 defrauding an innkeeper. We need to first review all the details of the case in order to determine the proper approach. However, some of the most common defenses include:
- No intent to defraud. Recall the definition above of PC 537 defrauding an innkeeper. You can't be found guilty unless the prosecutor is able to prove you had a specific intent to defraud. Depending on the details of the case, we might be able to make an argument that this element of the crime doesn't exist. We might be able to prove there wasn't criminal intent. Perhaps you became distracted by an important event, and your act of not paying for goods or services was not on purpose but simply an oversight.
- Mistake defense. We might be able to argue that your failure to pay for goods or services was an honest mistake. Perhaps there was some miscommunication or simply a misunderstanding, and you didn't commit a PC 537 defrauding an innkeeper crime on purpose.
If you are accused of violating California Penal Code 537 by defrauding an innkeeper, it is crucial to seek legal counsel. Our experienced criminal defense lawyers are here to review your case and guide you through your options, providing the support and reassurance you need during this challenging time.
Our firm, Cron, Israels & Stark, has a proven track record of success in handling theft-related offenses. We have successfully negotiated with prosecutors for reduced charges and even had charges dropped through prefiling intervention in many cases.
Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our firm for a free case evaluation at (424) 372-3112.