Upon a first conviction, any person who promotes a pyramid promotional scheme in this state or who violates article 5.5 of title 12, C.R.S., section 6-1-701, or section 6-1-717 is guilty of a class 1 misdemeanor, as defined in section 18-1.3-501, C.R.S., and, upon a second or subsequent conviction for a violation of article 5.5 of title 12, C.R.S., or section 6-1-701, is guilty of a class 6 felony, as defined in section 18-1.3-401, C.R.S.