A person commits the crime of unauthorized recording of a performance in the first
degree when he commits the crime of manufacture or sale of an unauthorized recording
of a performance in the second degree as defined in section 275.15 of this article and either:
1. such person has previously been convicted of that crime within the past five years;
2. commission of that crime involves at least one thousand unauthorized sound recordings
or at least one hundred unauthorized audio-visual recordings.
Manufacture or sale of an unauthorized recording of a performance in the first degree
is a class E felony.
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