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 West Virginia, the offense of defrauding an innkeeper is addressed under West Virginia Code §61-3-24. This statute makes it illegal to obtain services, accommodations, entertainment, or the use of facilities without payment or with the intent to defraud the owner or manager. This includes food, lodging, and other services provided by establishments such as hotels, restaurants, and similar places of business. The law presumes intent to defraud if an individual absconds without paying or if payment is rendered with a check or credit card that is subsequently dishonored. Depending on the value of the services obtained, the offense can be prosecuted as a misdemeanor or a felony. For instance, if the value is less than $1,000, it is typically treated as a misdemeanor, while a value of $1,000 or more may elevate the charge to a felony. Penalties can include fines, restitution, and possible 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 a charge under this statute.