(a) A person commits an offense under this section:
(1) Who promotes prostitution; or
(2) Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor.
(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;
(2) The victim of the offense is a minor and consented to the offense; or
(3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense.