South Dakota Statutes
§ 23A-6-1 — Indictment or information required for prosecution of offense--Exceptions.
South Dakota § 23A-6-1
This text of South Dakota § 23A-6-1 (Indictment or information required for prosecution of offense--Exceptions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 23A-6-1 (2026).
Text
Every public offense must be prosecuted by an indictment or by an information signed by a prosecuting attorney except:
(1)A proceeding for the removal of a civil officer of this state;
(2)An offense arising under the laws, rules, and regulations relating to the National Guard;
(3)An offense arising under the laws of this state which is a Class 2 misdemeanor or petty offense or which is punishable by a fine not exceeding two hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment;
(4)An offense arising from the violation of an ordinance or bylaw of a unit of local government of this state.
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Related
Honomichl v. State
333 N.W.2d 797 (South Dakota Supreme Court, 1983)
City of Sioux Falls v. Ewoldt
1997 SD 106 (South Dakota Supreme Court, 1997)
State v. Dale
360 N.W.2d 687 (South Dakota Supreme Court, 1985)
State v. Robinson
1999 SD 141 (South Dakota Supreme Court, 1999)
State v. Kordonowy
523 N.W.2d 556 (South Dakota Supreme Court, 1994)
Madetzke v. Dooley
2018 SD 38 (South Dakota Supreme Court, 2018)
State v. Eidahl
486 N.W.2d 257 (South Dakota Supreme Court, 1992)
Legislative History
SDC 1939 & Supp 1960, § 34.2904; SDCL, § 23-2-5; SL 1978, ch 178, § 61; SL 1991, ch 187, § 6.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-6-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-6-1.