(a) A person commits the crime of unlawful exploitation of a minor if, in the state and with the intent of producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed in (1) — (7) of this subsection, the person knowingly induces or employs a child under 18 years of age to engage in, or photographs, films, records, or televises a child under 18 years of age engaged in, the following actual or simulated conduct:

1. (1) sexual penetration;
2. (2) the lewd touching of another person's genitals, anus, or breast;
3. (3) the lewd touching by another person of the child's genitals, anus, or breast;
4. (4) masturbation;
5. (5) bestiality;
6. (6) the lewd exhibition of the child's genitals; or
7. (7) sexual masochism or sadism.

(c) Unlawful exploitation of a minor is

1. (1) a class A felony; or

2. (2) an unclassified felony if the

   1. (A) person has been previously convicted of unlawful exploitation of a minor in this jurisdiction or a similar crime in this or another jurisdiction; or
   2. (B) minor who is exploited is under 13 years of age at the time the exploitation occurs.