The Texas Prohibition of the Purchase and Sale of Human Organs law makes it illegal to buy, sell, or receive a human organ in exchange for payment.
FAQs about the
Prohibition of the Purchase and Sale of Human Organs law in Texas
- What is the current Texas law about Prohibition of the Purchase and Sale of Human Organs?
- What is the penalty for a Texas Prohibition of the Purchase and Sale of Human Organs offense?
- What changed in 2025?
- How can I be charged with a Prohibition of the Purchase and Sale of Human Organs offense in Texas?
- What is the statute of limitations for Prohibition of the Purchase and Sale of Human Organs in Texas?
- Can you get probation for Prohibition of the Purchase and Sale of Human Organs in Texas?
- What level of crime is Prohibition of the Purchase and Sale of Human Organs in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 48.02. The legislature updated this law in 2025. The 2025 amendment increased the punishment classification to a state jail felony, and it applies to offenses committed on or after September 1, 2025.
The Penal Code classifies the Texas Prohibition of the Purchase and Sale of Human Organs law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 48 “Conduct Affecting Public Health.” Learn more about the Texas offense of Prohibition of the Purchase and Sale of Human Organs below.
What is the current Texas law about Prohibition of the Purchase and Sale of Human Organs?
AV Preeminent Texas lawyer Paul Saputo provides the current law defining Prohibition of the Purchase and Sale of Human Organs in Penal Code Section §48.02, as follows:[1]
(b) A person commits an offense if he or she knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration.
However, the offense does not apply when “the valuable consideration is: (1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or (3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.”[2]
What is the penalty for a Texas Prohibition of the Purchase and Sale of Human Organs offense?
Effective September 1, 2025, a conviction for Prohibition of the Purchase and Sale of Human Organs is a state jail felony[3] carrying the penalty of imprisonment between 180 days and 2 years in a state jail facility and up to a $10,000 fine.[4]
Offenses committed before September 1, 2025, are classified as Class A misdemeanors.[5]
What changed in 2025?
In 2025, the legislature raised Prohibition of the Purchase and Sale of Human Organs to a state jail felony (from a Class A misdemeanor) and provided that the change applies only to offenses committed on or after September 1, 2025.[6] Conduct before that date remains governed by prior law.
The 2025 law also requires the medical board to revoke the license of a physician who knowingly uses a human organ obtained in violation of this offense in a medical procedure.[7]
How can I be charged with a Prohibition of the Purchase and Sale of Human Organs offense in Texas?
You can be charged with Prohibition of the Purchase and Sale of Human Organs in Texas if the state’s attorneys believe that each of the elements of §48.02(b) as described in the section above have been met.
What is the statute of limitations for Prohibition of the Purchase and Sale of Human Organs in Texas?
Misdemeanor level Prohibition of the Purchase and Sale of Human Organs charges have a two-year limitations period.[8] Felony level offenses follow the default felony limitations period rule, which specifies a three-year limitations period.[9]
Can you get probation for Prohibition of the Purchase and Sale of Human Organs in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Prohibition of the Purchase and Sale of Human Organs, and judges are also allowed to accept deferred adjudication plea deals.[10]
What level of crime is Prohibition of the Purchase and Sale of Human Organs in Texas?
The Penal Code classifies Prohibition of the Purchase and Sale of Human Organs as a state jail felony for offenses committed on or after September 1, 2025. Earlier offenses were classified as Class A misdemeanors.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §48.02. This law is current as of 2025.^2. Texas Penal Code §48.02(c)^3. Texas Penal Code §48.02(d), as amended by SB 456, 89th Texas Legislature (RS), Section 1^4. Texas Penal Code §12.35^5. See SB 456, 89th Texas Legislature (RS), Section 3^6. Texas Penal Code §48.02(d), as amended by SB 456, 89th Texas Legislature (RS), Section 1, and Section 3^7. Texas Occupations Code §164.0571, as added by SB 456, 89th Texas Legislature (RS), Section 2^8. Code of Criminal Procedure 12.02(a)^9. See Code of Criminal Procedure 12.01(11)^10. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102
