Name that Crime

Pretend you are a prosecutor: What crime do you charge?
Pretend you are a Defense attorney: What defense to that crime?

(I expect plenty of comments from law students here. You all should be able to do this in your sleep having just finished finals.)

Facts:

A husband and wife are traveling by car from Key West to Boston. After almost twenty-four hours on the road, they're too tired to continue, and they decide to stop for a rest. They stop at a nice hotel and take a room, but they only plan to sleep for four hours and then get back on the road.

When they check out four hours later, the desk clerk hands them a bill for $350.

The man explodes and demands to know why the charge is so high. He tells the clerk although it's a nice hotel, the rooms certainly aren't worth $350.

When the clerk tells him $350 is the standard rate, the man insists on speaking to the Manager.

The Manager appears, listens to the man, and then explains that the hotel has an Olympic-sized pool and a huge conference center that were available for the husband and wife to use.

"But we didn't use them," the man complains.

"Well, they are here, and you could have," explains the Manager. He goes on to explain they could have taken in one of the shows for which the hotel is famous. "The best entertainers from New York, Hollywood, and Las Vegas perform here," the Manager declares.

"But we didn't go to any of those shows," complains the man again.

"Well, we have them, and you could have," the Manager replies.

No matter what facility the Manager mentions, the man replies, "But we didn't use it!"

The Manager remains unmoved, and eventually the man gives up and agrees to pay. He writes a check and gives it to the Manager.

The Manager is surprised when he looks at the check. "But sir," he says, "this check is only made out for $50."

"That's right," says the man. "I charged you $300 for sleeping with my wife."

"But I didn't!" exclaims the Manager.

"Well," the man replies, "she was here, and you could have."