(1) A person is guilty of advertising material portraying a sexual performance by a minor when, having knowledge of its content and character thereof, he or she writes or creates advertising or solicits anyone to publish such advertising or otherwise promotes the sale or distribution of matter portraying a sexual performance by a minor or a computer-generated image of a minor.
(2) Advertising material portraying a sexual performance by a minor is a:
(a) Class D felony for the first offense; and (b) Class C felony for the second or subsequent offense.