(1) A person commits the crime of trademark counterfeiting in the third degree if the person commits trademark counterfeiting as described in 647.135 (trademark counterfeiting) AND

(a) The total number of items bearing the counterfeit mark is not more than 100; OR

(b) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is not more than $1,000

(2) Trademark counterfeiting in the third degree is a Class A misdemeanor. Notwithstanding 161.655 (Fines for corporations), if the person convicted under this section is a corporation, the maximum fine that may be imposed is $100,000.