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(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR BAG. Has the same meaning as in 49 C.F.R. § 579.4, as amended.
COUNTERFEIT AIR BAG. An air bag displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer, without the authorization of the motor vehicle manufacturer.
NON-FUNCTIONAL AIR BAG. Any of the following:
(a) A replacement air bag that has been previously deployed or damaged;
(b) A replacement air bag that has an electrical fault that is detected by the air bag diagnostic system of a vehicle after the air bag is installed; and
(c) A counterfeit air bag, air bag cover or some other object that is installed in a vehicle to deceive an owner or operator of the vehicle into believing that a functional air bag has been installed.
(B) No person shall install or reinstall in any motor vehicle a counterfeit or non-functional air bag or any object intended to fulfill the function of an air bag other than an air bag that was designed in conformance with or that is regulated by Federal Motor Vehicle Safety Standard Number 208 for the make, model and model year of the vehicle, knowing that the object is not in accordance with that standard.
(C) No person shall knowingly manufacture, import, sell or offer for sale any of the following:
(1) A counterfeit air bag;
(2) A non-functional air bag; and
(3) Any other object that is intended to be installed in a motor vehicle to fulfill the function of an air bag and that is not in conformance with Federal Motor Vehicle Safety Standard Number 208 for the make, model, and model year of the vehicle in which the object is intended to be installed.
(D) No person shall knowingly sell, install or reinstall a device in a motor vehicle that causes the diagnostic system of a vehicle to inaccurately indicate that the vehicle is equipped with a functional air bag.
(E) (1) Whoever violates divisions (B) or (D) above is guilty of improper replacement of a motor vehicle air bag, a misdemeanor of the first degree on a first offense. On each subsequent offense, or if the violation results in serious physical harm to an individual, the person is guilty of a felony to be prosecuted under appropriate state law.
(2) A violation of division (C) above is a felony to be prosecuted under appropriate state law.
(3) Each manufacture, importation, installation, reinstallation, sale or offer for sale in violation of this section shall constitute a separate and distinct violation.