A person is guilty of manufacture of unauthorized recordings in the first degree when he commits the crime of manufacture of unauthorized recordings in the second degree as defined in section 275.05 of this article and either:

1. has previously been convicted of that crime within the past five years; or

2. commits that crime by the manufacture of one thousand unauthorized sound recordings; provided, however, that this section shall only apply to sound recordings initially fixed prior to February fifteenth, nineteen hundred seventy-two.

Manufacture of unauthorized recordings in the first degree is a class E felony.