South Dakota Codified Laws 22-30A-14. Affirmative defense to conversion of leased or rented personalty
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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;
Terms Used In South Dakota Codified Laws 22-30A-14
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
- Personal property: All property that is not real property.
(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.