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(1) A person is guilty of aggravated exploitation if:
(a) in committing an act of exploiting prostitution, as defined in Section 76-10-1305, the person uses any force, threat, or fear against any person;
(b) the person procured, transported, or persuaded or with whom the person shares the proceeds of prostitution is a child or is the spouse of the actor; or
(c) in the course of committing exploitation of prostitution, a violation of Section 76-10-1305, the person commits human trafficking or human smuggling, a violation of Section 76-5-308.
(2) Aggravated exploitation of prostitution is a second degree felony, except under Subsection (3).
(3) Aggravated exploitation of prostitution involving a child is a first degree felony.
(4) Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.