23A-2-1. Complaint as statement of offense--Signature under oath--Traffic ticket issued by law enforcement officer.
A complaint is a written statement of the essential facts constituting an offense charged. The complaint shall be signed under oath before a person authorized to administer oaths in the State of South Dakota. A law enforcement officer, in lieu of signing a complaint for a misdemeanor or felony under oath, may sign a statement printed or written on a complaint or summons on a uniform traffic ticket stating: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs a statement as required by this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source: SDC 1939 & Supp 1960, §34.1501; SDCL §23-19-2; SL 1978, ch 178, §3; SL 2015, ch 134, §2; SL 2017, ch 105, §1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 02 - Complaint, Warrant And Summons
Section 23A-2-3 - (Rule 4(b)) Evidence furnishing probable cause for warrant or summons.
Section 23A-2-4 - (Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.
Section 23A-2-5 - Copies of warrant sent to law enforcement officers.
Section 23A-2-6 - (Rule 4(c)(2)) Contents and signature of summons.
Section 23A-2-7 - (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.
Section 23A-2-10 - Time of execution of warrant.
Section 23A-2-11 - Service of summons on corporate defendant.