Most states have a specific statute (often called defrauding an innkeeper) that makes it a criminal offense to obtain food, lodging, fuel, or other accommodations at a restaurant, hotel, ski resort, campground, marina, gas station, or other establishment, with the intent not to pay for such goods and services—or to secure credit at such an establishment through fraud or other means of deceit (false pretenses). Proof that a person refused or neglected to pay for such food, lodging, fuel, or accommodations, or gave payment that was not honored (declined credit card, bad check) is generally proof of such fraudulent intent not to pay for the goods or services.

The definitions and punishment for this criminal offense vary from state to state, but generally may be prosecuted as a misdemeanor or as a felony, and may include confinement in jail or state prison. In some states, if the amount owed was disputed and the amount offered in payment was refused, a person cannot be convicted under the statute.

In California, the offense of defrauding an innkeeper is covered under California Penal Code Section 537. This statute makes it a criminal act to obtain food, services, or accommodations at an establishment without paying, with the intent to defraud the proprietor or manager. This includes restaurants, hotels, and similar establishments. The intent not to pay is often evidenced by actions such as leaving without paying, providing a declined credit card, or writing a bad check. Depending on the value of the services or accommodations obtained, the offense can be prosecuted as either a misdemeanor or a felony. For amounts less than $950, it is typically a misdemeanor, which can result in fines and up to six months in county jail. For amounts of $950 or more, it can be charged as a felony, potentially leading to higher fines and a state prison sentence. However, if there was a genuine dispute over the amount owed and a reasonable payment was offered and refused, this may serve as a defense against the charge of defrauding an innkeeper.