(a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution.
(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor:
(1) has been previously convicted of an offense under this section or Section 43.041 ; or
(2) engages in conduct described by Subsection (a) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.
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