The Texas Advertising for Placement of Child law gives police the right to arrest you if they believe 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?
- How can I be charged with an Advertising for Placement of Child offense in Texas?
- What is the statute of limitation for Advertising for Placement of Child in Texas?
- What is the penalty for a Texas Advertising for Placement of Child offense?
- 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.
Have you been charged with Advertising for Placement of Child? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 25.09. The law was not amended in 2023. 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?
The current Texas law defines the offense of Advertising for Placement of Child in Penal Code Section §25.09 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.
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 have been met.
What is the statute of limitation for Advertising for Placement of Child in Texas?
Misdemeanor level Advertising for Placement of Child charges have a two-year limitations period.[3] Felony level offenses have a three-year limitations period.[4]
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,[5] 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,[6] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Advertising for Placement of Child in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Advertising for Placement of Child, and judges are also allowed to accept deferred adjudication plea deals.[7]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[8] Also, judges 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:
^1. Texas Penal Code §25.09. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code §25.09(b)^3. Code of Criminal Procedure 12.02(a)^4. See Code of Criminal Procedure 12.01(9)^5. Texas Penal Code §25.09(c)^6. Texas Penal Code §25.09(c)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^8. Art. 42A.053(c), Texas Code of Criminal Procedure^9. Art. 42A.054(b), Texas Code of Criminal Procedure
