(1) A person commits the crime of trademark counterfeiting in the second degree if the person:

(a) Commits trademark counterfeiting as described in 647.135 (trademark counterfeiting) AND:

(A) Has one prior conviction for trademark counterfeiting in any degree;

(B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; OR

(C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000

(b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark

(2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding 161.655 (Fines for corporations), f the person is convicted under:

(a) Paragraph (1)(a)(A) and is a corporation, the maximum fine that may be imposed is $200,000.

(b) Paragraph (1)(b( and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000.