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.
South Dakota Legal Code