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 Mexico, the offense of defrauding an innkeeper is addressed under the New Mexico Statutes Annotated (NMSA) 1978, Section 30-16-9. This statute makes it illegal to obtain services, accommodations, food, or fuel from an establishment without paying, with the intent to defraud the owner or manager. This includes hotels, restaurants, gas stations, and similar establishments. The law presumes intent to defraud if a person refuses to pay or provides a declined credit card or bad check. The severity of the charge, whether misdemeanor or felony, typically depends on the value of the services or goods obtained. For smaller amounts, the offense may be treated as a petty misdemeanor, while larger amounts can elevate the charge to a fourth-degree felony. It is important to note that 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. Individuals facing such charges should consult with an attorney to understand their rights and the specific implications of the law in their case.