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South Dakota legal term

Prosecuting attorney in South Dakota Criminal Law

Current through 2026 South Dakota legislative session

In South Dakota criminal law, “Prosecuting attorney” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.

What does “Prosecuting attorney” mean in South Dakota criminal law?

(14) "Prosecuting attorney," the attorney general, an assistant attorney general, a special assistant attorney general, a state's attorney or an assistant state's attorney, a special prosecutor appointed by a court, a city attorney or any deputy of the city attorney, or any attorney engaged by the state or a unit of local government to prosecute a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government; (15) "State," the State of South Dakota and any of its units of local government; (16) "Subpoena," the process by which (SDCL § 23A-45-9)

Statutes defining or using this term

Charges using this term

Related terms in the same statutes

This reference is informational and is not legal advice.