(1) It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance.
(2) It is also unlawful for a parent or legal guardian or custodian of a child under eighteen (18) years of age to consent to the participation by the child in a sexual performance.
(3) A person who violates this section upon conviction is guilty of a: Class C felony for the first offense; and
(4) Class B felony for a subsequent offense.