(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.