A person is guilty of unauthorized use of a vehicle in the second degree when:
He commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously convicted of the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 or second degree within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony.
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