Prohibition of the Purchase and Sale of Human Organs: Texas Penal Code §48.02

The Prohibition of the Purchase and Sale of Human Organs crime in the state of Texas makes it illegal to buy, sell, or receive a human organ in exchange for payment.

The Texas legislature codified this criminal offense in Texas Penal Code Section 48.02. The legislature did not update this law in 2023. In fact, this law has not been amended since 2017.

The Penal Code codifies 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?

The current Texas law defines the offense of 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]

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(a) as described in the section above have been met.

What is the statute of limitation for Prohibition of the Purchase and Sale of Human Organs in Texas?

As a misdemeanor, Prohibition of the Purchase and Sale of Human Organs charges have a two-year limitations period.^[3]

What is the penalty for a Texas Prohibition of the Purchase and Sale of Human Organs offense?

A conviction for Prohibition of the Purchase and Sale of Human Organs in Texas is punished as a Class A misdemeanor,^[4] with a maximum possible fine of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors here.

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.^[5]

Note, however, that 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.^[6]

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 Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §48.02. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code §48.02(c)^3. See Code of Criminal Procedure 12.02(a)^4. Texas Penal Code §48.02(d)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure