{"data":{"id":"us-nm/66-3-888","jurisdiction":"us-nm","citation":"66-3-888","heading":"Airbag violations.","body":"A. It is unlawful for a person to knowingly:\n(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;\n(2) install or reinstall a counterfeit or nonfunctional airbag in a motor vehicle;\n(3) import, manufacture or sell or offer for sale a counterfeit or nonfunctional airbag to be installed in a motor vehicle;\n(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;\n(5) represent to another that a counterfeit or nonfunctional airbag is an original equipment manufacturer part;\n(6) intentionally alter an airbag in a manner that causes the airbag to become a counterfeit or nonfunctional airbag or otherwise defective;\n(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;\n(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\n(9) assist another in violating the provisions of this subsection with the intent that the crime be committed.\nB. Whoever violates this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.\nC. 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.\nD. This section shall not apply to airbags, counterfeit airbags or nonfunctional airbags in a motor vehicle operated solely on a closed course or track.\nE. As used in this section:\n(1) \"airbag\" means a motor vehicle inflatable occupant restraint system or any component thereof that:\n(a) operates in the event of a crash; and\n(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;\n(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;\n(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;\n(4) \"knowingly\" or \"known\" means having actual knowledge of the violation; and\n(5) \"nonfunctional airbag\" means a replacement airbag or any component thereof that:\n(a) was previously deployed or damaged;\n(b) has a fault that was detected by the vehicle diagnostic system after the installation procedure was completed; or\n(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.","path":["Chapter 66 - Motor Vehicles","ARTICLE 3 Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18569/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"6a31daa32473d23f421254a764087a0df3caffa767c1ce27a8361c709600a99a","source_id":"us-nm","stale":false,"prev":"us-nm/66-3-887","next":"us-nm/66-3-901"},"notice":"GroundRules: Original legal text. Not legal advice."}