Section 12. Whoever puts up at a hotel, motel, inn, lodging house or boarding house and, without having an express agreement for credit, procures food, entertainment or accommodation without paying therefor, and with intent to cheat or defraud the owner or keeper thereof; or, with such intent, obtains credit at a hotel, motel, inn, lodging house or boarding house for such food, entertainment or accommodation by means of any false show of baggage or effects brought thereto; or with such intent, removes or causes to be removed any baggage or effects from a hotel, motel, or inn while a lien exists thereon for the proper charges due from him for fare and board furnished therein, shall, if the value of food, entertainment or accommodation exceeds one hundred dollars, be punished by imprisonment in a jail or house of correction for not more than two years, or by a fine of not more than six hundred dollars, or if the value of the food, entertainment or accommodation does not exceed one hundred dollars, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars; and whoever, without having an express agreement for credit, procures food or beverage from a common victualler without paying therefor and with intent to cheat or defraud shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months. The words “lodging house”, as used herein, shall mean a lodging house as defined in section twenty-two.
Proof that such food, entertainment, accommodation or beverage, or credit for the same, was obtained by a false show of baggage or effects, or that such baggage or effects were removed from any such place by any person while such a lien existed thereon without an express agreement permitting such removal, or, if there was not an express agreement for credit, that payment for such food, entertainment, accommodation or beverage was refused upon demand, shall be presumptive evidence of the intent to cheat or defraud referred to herein.
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