N.Y. Penal Law § 235.06

§ 235.06 Obscenity in the second degree.\n A person is guilty of obscenity in the second degree when he commits\nthe crime of obscenity in the third degree as defined in subdivisions\none and two of section 235.05 of this chapter and has been previously\nconvicted of obscenity in the third degree.\n Obscenity in the second degree is a class E felony.\n