Sec. 10. (a) As used in this section, "offender against children" means a person who is an offender against children under section 11 of this chapter.
(b) As used in this section, "sexually violent predator" means a person who is a sexually violent predator under IC 35-38-1-7.5.
(c) A sexually violent predator or an offender against children who knowingly or intentionally works for compensation or as a volunteer:
(1) on school property;
(2) at a youth program center;
(3) at a public park;
(4) as a child care provider (as defined by IC 31-33-26-1);
(5) for a child care provider (as defined by IC 31-33-26-1);
(6) as a provider of:
(A) respite care services and other support services for primary or family caregivers; or
(B) adult day care services; or
(7) in any setting where the sexually violent predator or offender against children:
(A) has more than incidental and occasional contact with a child who is not accompanied by the child's parent, guardian, or custodian;
(B) has supervisory or disciplinary power over a child; or
(C) is expected to touch a child on a more than incidental and occasional basis;
commits unlawful employment by a sexual predator, a Level 6 felony. However, the offense is a Level 5 felony if the person has a prior unrelated conviction under this section or based on the person's failure to comply with any requirement imposed on an offender under IC 11-8-8.