Is it Illegal to Dine and Dash in CA?

January 10, 2025 | By Evan E Zelig
Is it Illegal to Dine and Dash in CA?

Dine and dash is treated under its own specific law in California, as opposed to being covered by laws that punish theft. There is a law that deals with “defrauding an innkeeper.” Although the title of the law makes it seem antiquated and limited, it actually applies to situations involving theft from restaurants. The law is found under the California Penal Code, meaning that there are criminal penalties attached. The punishment can be significant. Depending on the value of the food and drink, there may even be potential jail time involved. If you have been charged with a violation for an alleged “dine and dash,” you should seek immediate legal help from a Santa Rosa, CA criminal defense attorney today.

Many people may know that it is wrong to leave a restaurant without paying, but they may not know that dining and dashing is actually a crime. Although they would certainly understand that shoplifting is illegal, they may not know that there are similar laws that apply to the taking of food and drink from a restaurant.

Schedule a Free Consultation

Fraudulently Obtaining Food Is Covered By a Distinct California Law

California law documents on a dark wooden desk.

California Penal Code 537 is found in the section of the law that is related to crimes against property. Specifically, the law applies to:

“Any person who obtains any food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, or public or private campground, without paying therefore, with intent to defraud the proprietor or manager.”

A dine and dash occurs when someone skips out on a bill at a restaurant or bar or opens up a tab with no intention of paying. The situation will be specifically covered under the law, since it applies to obtaining food from a restaurant.

Dining and Dashing Can Cover a Broad Set of Circumstances

The law states that anyone who “absconds, or surreptitiously, or by force, menace, or threats, removes any part of his or her baggage therefrom with the intent not to pay for his or her food or accommodations” is guilty of a crime. Thus, if a diner intentionally sneaks off from the restaurant with the intent of not paying for their food, it will be considered a criminal offense.

Dining and dashing covers more circumstances than you think, beyond just leaving the restaurant without paying. The law is broadly written to cover circumstances where you obtain food and drink with fraudulent intent of not paying for it. For example, if you paid for your restaurant check with a credit card that you knew was invalid, or you wrote a check that you knew was not covered by funds, it will also be considered obtaining food with a fraudulent intent of not paying.

Punishment for a Dine and Dash Conviction Under California Law

The punishment in the law depends on the value of the food that was taken or not paid for at a restaurant. There are two categories of offenses:

  • If the value of the food is $950 or less, a conviction can result in a fine of up to $1,000 and up to a six months in county jail
  • If the value of the food exceeds $950, the crime can be punishable by up to one year in county jail

You Must Have Intent to Avoid Paying to Be Convicted

Close-up of a woman reviewing the bill for her meal in a restaurant.

There are some questions about what actions may be necessary for a conviction under this statute. The law uses a very key phrase of “intent to defraud.” A diner would have needed to have the specific intent of receiving food and not paying for it to be convicted of a crime. They would have had to have left the restaurant with the purpose of avoiding payment after receiving food. Alternatively, they would have needed to open a tab with no intent of paying for the food or drink, as opposed to running into credit issues and being unable to pay the tab.

Defenses to Dine and Dash Charges

Thus, there is no such thing as an accidental violation of the law. There may be cases when you simply made an honest mistake of leaving without paying, as opposed to intentionally exiting so you would not have to pay for the bill. The prosecutor will need to prove that you had a criminal intent by leaving the restaurant, avoiding the obligation to pay. They can do so through presenting communications or other eyewitness testimony about your actions that can prove your state of mind. However, when a specific law is phrased in terms of an “intent to defraud,” the prosecutor has a relatively high bar that they must meet to win a conviction.

However, not knowing that dining and dashing is a crime is not a defense to charges. The only thing that the prosecutor will need to prove is that you left an establishment with the intent of not paying your bill. It does not matter whether you actually intended to commit a crime.

Similarly, if you have evidence that shows that you simply made a mistake, you may be able to negate the element of intent. For example, if you left the restaurant but you thought you had paid for your food, you would not have the requisite intent to defraud the restaurant.

Hire a Criminal Defense Attorney for Your Dine and Dash Charge

Handcuffs and a judge's gavel resting on a brown wooden table.

If you have been charged with theft under this law, you need a criminal defense lawyer to represent you in any legal proceedings. There is always a possibility that you can be sentenced to jail for a conviction, and you can be punished with more than a fine or restitution. A criminal defense attorney can determine whether you have any defenses that can be used to fight the charges against you. Alternatively, they can negotiate with the prosecutor on your behalf to obtain a lesser penalty or reduced charges. 

Either way, you cannot afford to leave anything to chance if you are facing allegations that you dined and dashed. Contact the Law Offices of Evan E. Zelig, P.C. if you have been charged with a dine and dash charge in CA.

Schedule a Free Consultation