(a) A person commits an offense if:

     (1)  for commercial advantage or private financial gain, the person knowingly:

     (A)  advertises, offers for sale, sells, rents, or transports a recording;

     (B)  causes the sale, resale, rental, or transportation of a recording; or

     (C)  possesses a recording for a purpose described by Paragraph (A) or (B); and

     (2)  the outside cover, box, or jacket of the recording does not clearly and conspicuously disclose:

     (A)  the actual name and address of the manufacturer; and

     (B)  the name of the performer or group.

     (b)  An offense under this section is punishable by:

     (1)  imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if:

     (A)  the offense involves at least 65 unauthorized recordings during a 180-day period; or

     (B)  the defendant has been previously convicted under this section;

     (2)  imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than seven but fewer than 65 unauthorized recordings during a 180-day period; or

     (3)  confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2).