The Texas Advertising for Placement of Child law allows police to arrest you if they believe that you were involved in advertising for an adoption.
FAQs about the
Advertising for Placement of Child law in Texas
- What is the current Texas law about Advertising for Placement of Child?
- What is the penalty for a Texas Advertising for Placement of Child offense?
- How can I be charged with an Advertising for Placement of Child offense in Texas?
- What is the statute of limitations for Advertising for Placement of Child in Texas?
- Can you get probation for Advertising for Placement of Child in Texas?
- What level of crime is Advertising for Placement of Child in Texas?
The Advertising for Placement of Child law prohibits adoption advertising for everyone except licensed child-placing agencies.
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The Texas Legislature codified this criminal offense in Texas Penal Code Section 25.09. The Legislature did not update this law in 2025. The law was most recently amended in 2021 when the Legislature expanded the application of the law to or any form of permanent physical custody of the child – not just adoption.
The Penal Code classifies the Texas Advertising for Placement of Child law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Advertising for Placement of Child below.
What is the current Texas law about Advertising for Placement of Child?
Texas Penal Code §25.09 currently defines Advertising for Placement of Child as follows:[1]
(a) A person commits an offense if the person advertises in the public media that the person will place, provide, or obtain a child for adoption or any other form of permanent physical custody of the child.
Subsection (b) of the statute provides an exception to the law’s applicability:[2]
This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.
What is the penalty for a Texas Advertising for Placement of Child offense?
A conviction for Advertising for Placement of Child is punished by default as a Class A misdemeanor,[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.
However, if a person has previously been convicted of this crime, then a conviction for Advertising for Placement of Child in Texas is punished as a Felony of the Third Degree,[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
How can I be charged with an Advertising for Placement of Child offense in Texas?
You can be charged with Advertising for Placement of Child in Texas if the state’s attorneys believe that each of the elements of §25.09(a) as described in the section above has been met.
What is the statute of limitations for Advertising for Placement of Child in Texas?
Misdemeanor level Advertising for Placement of Child charges have a two-year limitations period.[5] Felony level offenses follow the default felony limitations period rule, which specifies a three-year limitations period.[6]
Can you get probation for Advertising for Placement of Child in Texas?
Yes. Probation is generally available for Advertising for Placement of Child in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Advertising for Placement of Child, and judges may also grant deferred adjudication community supervision.[7]
However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.[8] Additionally, a judge may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[9]
What level of crime is Advertising for Placement of Child in Texas?
The Penal Code classifies the punishment for Advertising for Placement of Child as a Class A misdemeanor or, with a prior Advertising for Placement of Child conviction, a third degree felony.
Learn more about the penalty range for this offense in the section above.
Legal References compiled by attorney Paul Saputo:
