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 York, defrauding an innkeeper is addressed under New York Penal Law Section 165.15, which is referred to as 'Theft of services.' This statute makes it a criminal offense to obtain services from an establishment, such as a restaurant, hotel, or similar service provider, with the intent not to pay. This includes obtaining food, lodging, or other accommodations through deceit or by using a form of payment that is known to be invalid, such as a declined credit card or a bad check. The intent not to pay is often inferred from the refusal to pay or the provision of an invalid form of payment. The offense can be prosecuted as a misdemeanor or felony, depending on the value of the services stolen and other circumstances. The severity of the punishment can range from fines to imprisonment. However, if there is a genuine dispute over the amount owed and a reasonable payment is offered and refused, this may serve as a defense against a charge under this statute.