What Happens if You Dine and Dash NYC
💬 CommentsDine and dash, or the act of leaving a restaurant or bar without paying for food, meals, or drinks, is illegal in New York City and falls under the law of Theft of Services. If you get caught, you may face a range of penalties, depending on the value of the goods stolen.
- Dine and Dash Penalties & Possible Defenses
- The Legal Consequences of Accidentally Dining and Dashing
- The Legal Consequences of Attempting to Dine and Dash
- The Legal Consequences for Someone Else Dining and Dashing
- Tips to Avoid Dine and Dash Situations
Dine and Dash Penalties & Possible Defenses
If the value of the stolen goods is $950 or less, you will be charged with a Class A misdemeanor and you may face a $1,000 fine and/or up to 6 months in jail. However, if the value exceeds $950, you may be charged with a Class E felony, which is punishable by up to 1 year in county jail or state prison.
Some possible defenses that you may use in court, depending on the circumstances, include:
- Lack of intent: If you accidentally left the restaurant without paying, you may argue that you had no intention of stealing the goods.
- Honest belief: If you believed that you had paid for the goods, you may argue that you had an honest belief that the transaction had been completed.
- Duress: If you were forced to dine and dash, you may argue that you acted under duress and therefore should not be held liable for the crime.
The Legal Consequences of Accidentally Dining and Dashing
While some states may charge you with petty theft if you accidentally dine and dash, the law in New York City does not differentiate between intentional and accidental acts of theft. As such, if you leave a restaurant without paying for any reason, you may face criminal charges.
Mississippi is an exception to this rule, as they have a law that makes it a felony to refuse to pay for a restaurant bill over $25. In California, however, dine and dash is considered a petty theft misdemeanor.
The Legal Consequences of Attempting to Dine and Dash
Even if you do not succeed in leaving the restaurant without paying, attempting to dine and dash is still considered a crime that may result in misdemeanor or felony charges, depending on the value of the stolen goods.
The Legal Consequences for Someone Else Dining and Dashing
If someone else at your table dines and dashes, you may be held liable for their actions if they flee the scene and do not pay their share of the bill. However, if the restaurant bill is under $25, the restaurant may choose to let it slide.
If the bill is over $1,000, the person responsible may face several years in jail and a hefty fine that far exceeds the original bill.
Tips to Avoid Dine and Dash Situations
The easiest way to avoid dining and dashing is to plan ahead and make sure you have enough money to pay for your meal before you sit down. However, if you find yourself unable to pay, there are some steps you can take to avoid getting into legal trouble:
- Speak to the restaurant manager and explain your situation. Ask if you can work out a payment plan or if they will accept other forms of payment, such as credit cards or ID verification.
- Leave something valuable, such as a phone or watch, as collateral while you go to an ATM to withdraw cash.
- Ask a friend or family member to lend you money to pay the bill.
In conclusion, dining and dashing may seem like a minor offense, but it is a serious crime that may result in criminal charges, fines, and jail time. By being prepared, honest, and responsible, you can avoid getting into legal trouble and enjoy your restaurant experience with peace of mind.