NYSentencing

§ 235.06 Obscenity in the second degree.
  A  person is guilty of obscenity in the second degree when he commits the
crime of obscenity in the third degree as defined in subdivisions  one  and
two  of section 235.05 of this chapter and has been previously convicted of
obscenity in the third degree.
  Obscenity in the second degree is a class E felony.

with Argument