Affirmative defense to conversion of leased or rented personalty.

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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.


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