(a) A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person:

1. (1) for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) with the person or with any other person; or

2. (2) for having fondled, or on the understanding that the other person will fondle, the genitals of the person or any other person;

   commits making an unlawful proposition, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has two (2) prior convictions under this section.

(b) It is not a defense to a prosecution under this section that the:

1. (1) victim consented to engage in prostitution; or

2. (2) intended victim of the offense is a law enforcement officer.

   As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983, SEC.4; P.L.158-2013, SEC.527; P.L.48-2017, SEC.2; P.L.144-2018, SEC.31; P.L.215-2018(ss), SEC.17.