(1) A person is guilty of promoting sale of material portraying a sexual performance by a minor when he or she knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter portraying a sexual performance by a minor or computer-generated image of a minor, or he or she denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept such matter, or by reason of the return of such matter.
(2) Promoting sale of matter portraying a sexual performance by a minor is a:
(a) Class A misdemeanor for the first offense;
(b) Class D felony for the second offense; and (c) Class C felony for the third or subsequent offense.