Court Opinions

State Laws

US Code

US Constitution

Texas Penal Code - Section 25.08. Sale Or Purchase Of Child

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 25.08. Sale Or Purchase Of Child

§ 25.08. SALE OR PURCHASE OF CHILD.  (a) A person commits 
an offense if he:
		(1)  possesses a child younger than 18 years of age or 
has the custody, conservatorship, or guardianship of a child 
younger than 18 years of age, whether or not he has actual 
possession of the child, and he offers to accept, agrees to accept, 
or accepts a thing of value for the delivery of the child to another 
or for the possession of the child by another for purposes of 
adoption;  or
		(2)  offers to give, agrees to give, or gives a thing of 
value to another for acquiring or maintaining the possession of a 
child for the purpose of adoption.
	(b)  It is an exception to the application of this section 
that the thing of value is:
		(1)  a fee or reimbursement paid to a child-placing 
agency as authorized by law;
		(2)  a fee paid to an attorney, social worker, mental 
health professional, or physician for services rendered in the 
usual course of legal or medical practice or in providing adoption 
counseling;
		(3)  a reimbursement of legal or medical expenses 
incurred by a person for the benefit of the child;  or
		(4)  a necessary pregnancy-related expense paid by a 
child-placing agency for the benefit of the child's parent during 
the pregnancy or after the birth of the child as permitted by the 
minimum standards for child-placing agencies and Department of 
Protective and Regulatory Services rules.
	(c)  An offense under this section is a felony of the third 
degree, except that the offense is a felony of the second degree if 
the actor commits the offense with intent to commit an offense under 
Section 43.25.

Added by Acts 1977, 65th Leg., p. 81, ch. 38, § 1, eff. March 30, 
1977.  Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, § 1, 
eff. Sept. 1, 1981.  Renumbered from V.T.C.A., Penal Code § 25.06 
by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(44).  Renumbered from 
V.T.C.A., Penal Code § 25.11 and amended by Acts 1993, 73rd Leg., 
ch. 900, § 1.01, eff. Sept. 1, 1994.  Amended by Acts 2001, 77th 
Leg., ch. 134, § 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 
1005, § 3, eff. Sept. 1, 2003.

Last modified: August 11, 2007