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 Montana, the offense of defrauding an innkeeper is addressed under Montana Code Annotated 45-6-301. This statute makes it a criminal offense to obtain food, lodging, fuel, or other accommodations or services at an establishment with the intent not to pay. The law covers situations where an individual secures credit through fraud or deceit, refuses to pay, or provides payment that is not honored, such as a bad check or declined credit card. The intent to defraud is often inferred from the refusal to pay or the provision of invalid payment. Depending on the value of the goods or services obtained, the offense can be prosecuted as a misdemeanor or a felony, with penalties ranging from fines to imprisonment. In Montana, 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 the charge of defrauding an innkeeper.