§ 23a-6-1

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.