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

South Dakota Statutes

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

South Dakota § 22-30A-14

Title 22CRIMES

Ch. 22-30THEFT

This text of South Dakota § 22-30A-14 (Affirmative defense to conversion of leased or rented personalty.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-30A-14 (2026).

Text

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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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.