A person who commits any act of open or gross lewdness is guilty:
Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.
For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.
For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.
For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.