§ 165.06 Unauthorized use of a vehicle in the second degree. 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.