Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

1. (1) The licensed foster care provider; or
2. (2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage. Aggravated incest is a Class 3 felony.

Source: SL 2008, ch 109 , § 2.