live theater in the second degree.

A person is guilty of unlawful operation of a recording device in a motion picture or live theater in the second degree when he or she violates section 275.32 of this article:

1. for financial profit or commercial purposes; or

2. in circumstances where the material recorded is fifteen or more minutes, or all or a substantial portion, of the motion picture or live theatrical performance; or

3. in circumstances where such person has previously been convicted within the past five years of violating section 275.32 or 275.34 of this article or this section.

Unlawful operation of a recording device in a motion picture or live theater in the second degree is a class A misdemeanor.