(a)
(1) A person commits computer exploitation of a child in the first degree if the person:
(A) Causes or permits a child to engage in sexually explicit conduct; and
(B) Knows, has reason to know, or intends that the prohibited conduct may be:
(i) Photographed;
(ii) Filmed;
(iii) Reproduced;
(iv) Reconstructed in any manner, including on the Internet; or
(v) Part of an exhibition or performance.
(2) Computer exploitation of a child in the first degree is a:
(A) Class B felony for the first offense; and
(B) Class A felony for a subsequent offense.
(b)
(1) A person commits computer exploitation of a child in the second degree if the person:
(A) Photographs or films a child engaged in sexually explicit conduct; or
(B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.
(2) Computer exploitation of a child in the second degree is a Class C felony.