(1) For purposes of this section:

(a) Child welfare service provider means any:

(i) Individual or entity providing child welfare services, including, but not limited to, any person with a contract or agreement with the Department of Health and Human Services to provide child welfare services; and

(ii) An agent or employee of an individual or entity described in subdivision (1)(a)(i) of this section; and

(b) Minor means an individual who is under nineteen years of age.

(2) A child welfare service provider shall not subject any minor receiving child welfare services from such provider or who is otherwise in such provider's care, custody, or control to sexual penetration or sexual contact.

(3) It is not a defense to a charge under this section that such minor consented to such sexual penetration or sexual contact.

(4) A child welfare service provider who subjects a minor to sexual penetration in violation of this section is guilty of sexual abuse by a child welfare service provider in the first degree. Such offense is a Class IIA felony.

(5) A child welfare service provider who subjects a minor to sexual contact in violation of this section is guilty of sexual abuse by a child welfare service provider in the second degree. Such offense is a Class IIIA felony.