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§ 22-30A-14 Affirmative defense to conversion of leased or rented personalty.

SD Codified L § 22-30A-14 (2019) (N/A)
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22-30A-14. Affirmative defense to conversion of leased or rented personalty. The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under § 22-30A-13:

(1) That the lessee accurately stated his or her name and address at the time of rental;

(2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful;

(3) That the lessee failed to receive the lessor's notice personally; and

(4) That the lessee returned the personal property to the owner or lessor within forty-eight hours of receiving notice of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.Source: SL 1976, ch 158, § 30A-21; SL 2005, ch 120, § 64.

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§ 22-30A-13 Theft by conversion of rented personalty after notice of termination.
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