live theater in the first degree.

A person is guilty of unlawful operation of a recording device in a motion picture or live theater in the first degree when he or she commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree as defined in section 275.33 of this article and has previously been convicted within the past ten years of violating section 275.33 of this article or this section.

Unlawful operation of a recording device in a motion picture or live theatre in the first degree is a class E felony.