Section 66-3-888 - Airbag violationsA. It is unlawful for a person to knowingly:(1) fail to install an airbag in a motor vehicle after representing to another person that the person will install an airbag in the motor vehicle;(2) install or reinstall a counterfeit or nonfunctional airbag in a motor vehicle;(3) import, manufacture or sell or offer for sale a counterfeit or nonfunctional airbag to be installed in a motor vehicle;(4) sell any device, install or reinstall in any vehicle any device or take any action 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;(5) represent to another that a counterfeit or nonfunctional airbag is an original equipment manufacturer part;(6) intentionally alter an airbag in a manner that causes the airbag to become a counterfeit or nonfunctional airbag or otherwise defective;(7) sell, lease or rent a motor vehicle that at the time of the sale, lease or rental has a counterfeit or nonfunctional airbag installed;(8) rent or offer for hire a motor vehicle that is not equipped with airbags required to be in the motor vehicle by the applicable federal safety regulations for the make, model and year of the vehicle; or(9) assist another in violating the provisions of this subsection with the intent that the crime be committed.B. Whoever violates this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.C. A violation of the provisions of this section that results in great bodily harm or death is a fourth degree felony, and the offender shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.D. This section shall not apply to airbags, counterfeit airbags or nonfunctional airbags in a motor vehicle operated solely on a closed course or track.E. As used in this section: (1) "airbag" means a motor vehicle inflatable occupant restraint system or any component thereof that: (a) operates in the event of a crash; and(b) 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;(2) "counterfeit airbag" means a replacement airbag or any component thereof displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization of the motor vehicle manufacturer;(3) "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of any member or organ of the body;(4) "knowingly" or "known" means having actual knowledge of the violation; and(5) "nonfunctional airbag" means a replacement airbag or any component thereof that: (a) was previously deployed or damaged;(b) has a fault that was detected by the vehicle diagnostic system after the installation procedure was completed; or(c) includes any part or object, such as a repaired airbag cover, that is installed in a motor vehicle in order to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.Added by 2015, c. 43,s. 1, eff. 7/1/2015.