degree.

A person is guilty of the advertisement or sale of unauthorized recordings in the first degree when such person commits the crime of advertisement or sale of unauthorized recordings in the second degree as defined in section 275.25 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 audiovisual recordings.

Advertisement and sale of unauthorized recordings in the first degree is a class E felony.