2019 South Dakota Codified Laws
Title 22 - Crimes
Chapter 30A - Theft
§ 22-30A-14 Affirmative defense to conversion of leased or rented personalty.
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.
