(1) Any person who performs any of the following with a child not his spouse commits patronizing a prostituted child:
(a) Engages in an act which is prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7); or
(b) Enters or remains in a place of prostitution with intent to engage in an act which is prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7).
(2) Patronizing a prostituted child is a class 3 felony.