(a)

(1) Every person who annoys or molests any child under years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

(2) Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under years of age, which conduct, if directed toward a child under years of age, would be a violation of this section, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail for up to one year, or by both that fine and imprisonment. (

b) Every person who violates this

section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in

Section of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year, and by a fine not exceeding five thousand dollars ($5,000). (c)

(1) Every person who violates this

section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison.

(2) Every person who violates this

section after a previous felony conviction under

Section 261, 264.1, 269, 285, 286, 287, 288.5, or 289, or former

Section 288a, any of which involved a minor under years of age, or a previous felony conviction under this section, a conviction under

Section 288, or a felony conviction under

Section 311.4 involving a minor under years of age shall be punished by imprisonment in the state prison for two, four, or six years. (d)

(1) In any case in which a person is convicted of violating this

section and probation is granted, the court shall require counseling as a condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective.

(2) In any case in which a person is convicted of violating this section, and as a condition of probation, the court prohibits the defendant from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a finding by the court that the modification is in the best interest of the victim. As used in this paragraph, “contact with the victim” includes all physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of the defendant, and any gifts. (

e) Nothing in this

section prohibits prosecution under any other provision of law.