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 Maine, the offense of defrauding an innkeeper is covered under Title 17-A, Chapter 15 of the Maine Criminal Code, specifically under section 708, 'Theft by deception.' This statute makes it a criminal offense to intentionally obtain property, which includes services such as food, lodging, or fuel, by deception. A person acts with intent to defraud if they create or reinforce a false impression, fail to correct a false impression they previously created or reinforced, or prevent another from acquiring information pertinent to the disposition of the property involved. If someone refuses to pay, provides a declined credit card, or a bad check, it is generally considered evidence of intent to defraud. The severity of the offense in Maine can range from a Class E crime (theft of services valued at no more than $500) to a Class B crime (theft of services valued at more than $10,000), with penalties varying from fines to imprisonment, depending on the value of the services obtained and other circumstances surrounding the offense. It is important to note that if there is a bona fide dispute over the amount owed, and a reasonable amount is offered and refused, this may serve as a defense against the charge of theft by deception.