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 New Jersey, the offense of defrauding an innkeeper is covered under the state's theft statutes. Specifically, N.J.S.A. 2C:20-8 addresses 'Theft of Services' and makes it a criminal offense to purposely obtain services which one knows are available only for compensation, by deception, threat, or other means, with the intent to avoid payment. This includes services such as food, lodging, and transportation. The degree of the offense and the corresponding penalties depend on the value of the services obtained. For services valued at less than $200, it is generally treated as a disorderly persons offense. As the value increases, the offense can be graded as a fourth, third, or second-degree crime, with penalties ranging from fines to imprisonment. It is important to note that if there is a bona fide dispute over the amount owed, this may serve as a defense against the charge of theft of services. An attorney can provide specific guidance and representation to anyone facing such charges in New Jersey.