(a) Optical scanning equipment fraud is: (1) Being in unlawful or unauthorized possession of ballots, optical scanning equipment, computer programs, operating systems, firmware or software; (2) accessing without authorization or facilitating the unauthorized access to optical scanning equipment; (3) knowingly publishing or causing to be published any password or other confidential information relating to optical scanning equipment; or (4) intentionally tampering with, altering, disarranging, defacing, impairing or destroying any optical scanning equipment or component part thereof, or any ballot, operating system, firmware or software used by a system. (b) Optical scanning equipment fraud is a severity level 9, nonperson felony.
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