(1) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a minor or computer -generated image of a minor. (2) Promoting a sexual performance by a minor is: (a) A Class C felony if the minor or computer -generated image of a minor involved in the sexual performance is less than eighteen (18) years old at the time the minor or computer -generated image of a minor engag es in the prohibited activity; (b) A Class B felony if the minor or computer -generated image of a minor involved in the sexual performance is less than sixteen (16) years old at the time the minor or computer -generated image of a minor engages in the prohibited activity; and (c) A Class A felony if the minor involved in the sexual performance incurs physical injury thereby.
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