South Dakota statute
SDCL § 22-30A-14 — Affirmative defense to conversion of leased or rented personalty
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 30A: Theft, South Dakota Codified Laws.
Full text of SDCL § 22-30A-14
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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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