Whoever does any of the following is guilty of a Class C felony:

   (1)   Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.

   (1m)   Has sexual contact or sexual intercourse with a child if the actor is the child’s stepparent.

   (2)   Is a person responsible for the child’s welfare and:

     (a)    Has knowledge that another person who is related to the child by blood or adoption in a degree of kinship closer than 2nd cousin or who is a child’s stepparent has had or intends to have sexual intercourse or sexual contact with the child;

     (b)    Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated;

     (c)    Fails to take that action; and

     (d)    The failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.