The state’s attorney of each county shall prosecute any person violating any of the provisions of §§ 60-8-3 to 60-8-6, inclusive, in that county. The state’s attorney shall enforce these sections. If the state’s attorney has any information or knowledge or has any reason to believe that any of the provisions of these sections are being violated in the county, the state’s attorney shall investigate and use every legitimate means to secure the necessary and proper evidence of the violation. Immediately upon securing the evidence, the state’s attorney shall file a complaint or preliminary information against any person against whom the state’s attorney has any evidence of any such violation. The state’s attorney shall have the person arrested and shall vigorously prosecute such charges to final judgment.

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Terms Used In South Dakota Codified Laws 60-8-8

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Source: SL 1955, ch 65, § 1; SDC Supp 1960, § 17.9914; SL 2008, ch 276, § 72.