South Dakota § 23A-6-1 - Indictment or information required for prosecution of offense--Exceptions.
Full text of South Dakota South Dakota Codified Laws § 23A-6-1 — Indictment or information required for prosecution of offense--Exceptions., with citation guidance and answers to common questions.
§ 23A-6-1. Indictment or information required for prosecution of offense--Exceptions.
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.
Source: SDC 1939 & Supp 1960, § 34.2904; SDCL, § 23-2-5; SL 1978, ch 178, § 61; SL 1991, ch 187, § 6.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-6-1
What does South Dakota Codified Laws § 23A-6-1 cover?
Section 23A-6-1 ("Indictment or information required for prosecution of offense--Exceptions.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-6-1?
A common citation format is "South Dakota Codified Laws § 23A-6-1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-6-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.