(1) A person commits the offense of habitual commercial sexual exploitation if the person is a habitual commercial sexual exploitation offender and provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.
(2) For the purposes of this section, a person has the status of a "habitual commercial sexual exploitation offender" if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for:
(a) Commercial sexual exploitation, in violation of section 712-1200.5;
(b) Street prostitution and commercial sexual exploitation, in violation of section 712-1207(1)(b) or (2)(b);
(c) Habitual commercial sexual exploitation, in violation of this section;
(d) An offense of this jurisdiction or any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or
(e) Any combination of the offenses in paragraph (a), (b), (c), or (d).
A conviction for purposes of this section is a judgment on the verdict or a finding of guilt, or a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the conviction shall not have been expunged by pardon, reversed, or set aside.
(3) Habitual commercial sexual exploitation is a class C felony.