(a)
(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the:
(A) Biological mother of the baby who is not yet born;
(B) Biological or putative father of the baby who is not yet born;
(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a:
(A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or
(B) Class C felony if otherwise committed.
(b)
(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the:
(A) Biological mother of the baby who is not yet born;
(B) Biological or putative father of the baby who is not yet born;
(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2) Unlawful solicitation for the relinquishment of parental rights in the second degree is a:
(A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or
(B) Class A misdemeanor if otherwise committed.