1. (a) This section does not apply to the following:

   1. (1) A parent, guardian, or custodian of a child.
   2. (2) A person who acts with the permission of a child's parent, guardian, or custodian.
   3. (3) A person to whom a child makes a report of abuse or neglect.
   4. (4) A person to whom a child reports medical symptoms that relate to or may relate to sexual activity.
2. (b) As used in this section, "sexual activity" means sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5 ), or the fondling or touching of the buttocks, genitals, or female breasts.

3. (c) A person at least eighteen (18) years of age who knowingly or intentionally communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual commits inappropriate communication with a child, a Class B misdemeanor. However, the offense is:

   1. (1) a Class A misdemeanor if the person commits the offense by using a computer network (as defined in IC 35-43-2-3 (a); and
   2. (2) a Level 6 felony if the person has a prior unrelated conviction for a sex offense (as defined in IC 11-8-8-5.2 ).

As added by P.L.119-2008, SEC.19. Amended by P.L.247-2013, SEC.9; P.L.158-2013, SEC.449; P.L.168-2014, SEC.74.