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 South Dakota, the offense of defrauding an innkeeper is addressed under South Dakota Codified Laws (SDCL) § 22-30A-3.1. This statute makes it a criminal act to obtain services or accommodations at any establishment without paying and with the intent to defraud the owner or manager. This includes food, lodging, fuel, or other services. The law presumes intent to defraud if an individual leaves without paying or provides a declined credit card, bad check, or other forms of payment that are not honored. Depending on the value of the services obtained, the offense can be classified as a misdemeanor or a felony. If the value is $400 or less, it is a Class 1 misdemeanor, and if the value exceeds $400, it is a Class 6 felony. This could result in varying degrees of fines and potential jail or prison time. However, if there is a genuine dispute over the amount owed and an offer of payment is made that is refused, this may serve as a defense against the charge of defrauding an innkeeper.