Section 275.33. Unlawful operation of a recording device in a motion picture or 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.