The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under § 22-30A-13:

1. (1) That the lessee accurately stated his or her name and address at the time of rental;
2. (2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful;
3. (3) That the lessee failed to receive the lessor's notice personally; and
4. (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.