South Dakota Statutes
§ 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.
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South Dakota § 22-30A-14 (Affirmative defense to conversion of leased or rented personalty.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1976, ch 158, § 30A-21; SL 2005, ch 120, § 64.
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