performance in the first degree.

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; or

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.