(1) Deliberately tampers with a government computer system for the purpose of preventing it from being year 2000 compliant; or

(2) Receives and fails to immediately return a benefit which the person is not legally entitled to arising out of or based upon any failure of or error produced, calculated, or generated by a government computer system as a result of the system's not being year 2000 compliant. [L 1998, c 213, pt of §1]