§ 220.74 Unlawful manufacture of methamphetamine in the second degree. 
  A  person  is guilty of unlawful manufacture of methamphetamine in the 
second degree when he or she: 
  1. Commits  the  offense of unlawful manufacture of methamphetamine in 
the  third  degree  as  defined in section 220.73 of this article in the 
presence of another person  under the age of sixteen, provided, however, 
that  the  actor  is  at  least  five years older than such other person 
under the age of sixteen; or
  2. Commits the crime of unlawful manufacture of methamphetamine in the 
third degree as defined in section 220.73 of this article and has previ- 
ously  been  convicted within the preceding five years of the offense of 
criminal  possession  of  precursors  of  methamphetamine  as defined in 
section  220.72 of this article,  criminal possession of methamphetamine 
manufacturing material in the first degree  as defined in section 220.71 
of this article, unlawful disposal of methamphetamine laboratory materi- 
al as defined in section 220.76 of this article, unlawful manufacture of 
methamphetamine in the third degree as defined in section 220.73 of this 
article, unlawful manufacture of methamphetamine in the second degree as 
defined  in  this section, or unlawful manufacture of methamphetamine in 
the first degree as defined in section 220.75 of this article. 
  Unlawful  manufacture  of  methamphetamine  in  the second degree is a 
class C felony.