South Dakota Codified Laws 23A-2-1. Complaint as statement of offense–Signature under oath–Traffic ticket issued by lawenforcement 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.
Terms Used In South Dakota Codified Laws 23A-2-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
- Oath: A promise to tell the truth.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Summons: Another word for subpoena used by the criminal justice system.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
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.