5-27-2. ISSUING BAD CHECKS.

Any person who issues or passes a check for any of the following purposes, namely:

1. To then and there obtain money, property or other thing of value; or
2. To pay for rent, wages, salary, taxes due the Rosebud Sioux Tribe or the United States of America or any of its subdivisions, or as payment for services ordinarily paid immediately upon the rendering of such service, knowing or believing that said check will not be honored by the financial institution upon which the same was drawn, is guilty of issuing bad checks.

Issuing bad checks is a Class B crime if the check upon which the prosecution is based was returned because of insufficient funds in the account upon which the same was drawn.

Issuing bad checks is a Class A crime if the check upon which the prosecution was based is returned from the financial institution because no account existed in the financial institution against which the check was drawn at the time the check was passed.