(1) A person commits the crime of trademark counterfeiting in the second degree if the person:
(a) Commits trademark counterfeiting as described in ORS 647.135 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 ORS 161.655, if the person is convicted under:
(a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000.
(b) Subsection (1)(b) of this section 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.