(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Airbag” means a motor vehicle inflatable occupant–restraint system that:
1. Operates in the event of a crash; and
2. Is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.
(ii) “Airbag” includes the cover, sensors, controllers, inflators, wiring, cushion material, and any other component part of an airbag.
(3) “Counterfeit airbag” means a replacement airbag displaying an unauthorized mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the motor vehicle manufacturer.
(4) “Nonfunctional airbag” means:
(i) A replacement airbag that:
1. Has been previously deployed or damaged; or
2. Has an electrical fault that is detected by the vehicle diagnostic system after the installation procedure is completed; or
(ii) An object, including a counterfeit airbag, intended to deceive a vehicle owner or operator into believing that the object is a functional airbag.
(b) A person may not knowingly:
(1) Import, manufacture, distribute, sell, or offer for sale a counterfeit airbag or a nonfunctional airbag;
(2) Install or reinstall a counterfeit airbag or a nonfunctional airbag in a motor vehicle;
(3) Sell, offer for sale, install, or reinstall a device in a vehicle that causes the vehicle’s diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag when a counterfeit airbag, nonfunctional airbag, or no airbag is installed;
(4) Represent to another person that a counterfeit airbag or a nonfunctional airbag that is or will be installed in a motor vehicle is a functional airbag; or
(5) Assist in or cause a violation of this subsection.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
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