(a) A person commits an offense under this section who promotes prostitution.

(b) Except as provided in subsection (c), promoting prostitution is a Class E felony.

(c) Promoting prostitution is punishable as:

(1) Trafficking for a commercial sex act under § 39-13-309 if the person being promoted is less than eighteen (18) years of age; or

(2) A Class D felony if the person being promoted has an intellectual disability as defined in § 33-1-101.

(d) It is not a defense to a violation of this section that:

(1) The subject of the offense is a law enforcement officer; or

(2) The victim of the offense is a minor and consented to the offense.