1. A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of living from the earnings of a prostitute and shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category C felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
2. Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section is presumptive evidence of lack of consideration.