A. Any person who offers money or other valuable thing to another for the purpose of purchasing or otherwise obtaining custody or control of a minor and thereafter does any substantial act in furtherance thereof is guilty of a Class 5 felony.
B. Any parent, legal guardian, or other person having custody or control of a minor who receives any money or other valuable thing for or on account of selling or otherwise transferring custody or control of such minor, or offers to sell or otherwise transfer custody or control of such minor, is guilty of a Class 5 felony.
C. The provisions of this section shall not apply to any person (i) entering into a surrogacy contract pursuant to the provisions of Chapter 9 (§ 20-156 et seq.) of Title 20, (ii) seeking to adopt a child or place his child for adoption pursuant to the provisions of Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2, or (iii) who is a person with a legitimate interest as defined in § 20-124.1 in such minor.
D. A violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.