(1) As used in this section: (a) "Airbag" means an inflatable passive restraint system component for occupants of motor vehicles which is part of an automobile supplemental restraint system that: (i) operates in the event of a crash; and (ii) meets applicable federal safety standards for the specific make, model, and year of the motor vehicle in which the airbag is installed. (b) "Counterfeit automobile supplemental restraint system component" means a replacement motor vehicle passive restraint system component, including an airbag, that displays an identical or substantially similar mark to the manufacturer's or supplier's genuine trademark without authorization. (c) "Nonfunctional airbag" means a replacement airbag that: (i) was previously deployed or damaged; (ii) may not be sold or leased under 49 U.S.C. Sec. 30120(j); (iii) has a fault that is detected by the vehicle diagnostic system after the installation procedure is completed; or (iv) includes any part or object installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed. (d) "Person" includes the owner or lessee of a motor vehicle, a body shop, dealer, remanufacturer, salvage rebuilder, vehicle service maintenance facility, or an entity or individual engaged in the repair of motor vehicles or the replacement or repair of an airbag passive restraint system. (2) A person may not, with criminal negligence, manufacture, import, sell, offer for sale, install, or reinstall a counterfeit or nonfunctional airbag. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (b) A violation of Subsection (2) is a second degree felony if the person causes: (i) serious injury, as defined in Section 76-1-101.5, to an individual; (ii) substantial injury, as defined in Section 76-1-101.5, to an individual; or (iii) the death of an individual.
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