(a) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows that the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
(b) Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.
(c) If the offender is four years or more older than the other person, or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or this section, or a violation of former Ohio R.C. 2907.12, unlawful sexual conduct is a felony and shall be prosecuted under Ohio R.C. 2907.04. (ORC 2907.04)