(1) A person is guilty of sexual solicitation when:
(a) he offers or agrees to commit any sexual activity with another person for a fee; or
(b) he pays or offers or agrees to pay another person to commit any sexual activity for a fee.
(2) Sexual solicitation is a class B misdemeanor. However, any person who is convicted a second time, and on all subsequent convictions, under this section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of a class A misdemeanor, except as provided in Section 76-10-1309 [HIV Positive Offender].