A person is guilty of unpermitted use of indoor pyrotechnics in the first degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of this article, and, within the previous five year period, he or she has been convicted one or more times of the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of this article, or unpermitted use of indoor pyrotechnics in the first degree, as defined in this section.
Unpermitted use of indoor pyrotechnics in the first degree is a class E felony.