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. Learn more detailed information about the Prohibition of the Purchase and Sale of Human Organs offense below.

Prohibition of the Purchase and Sale of Human Organs is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 48 “Conduct Affecting Public Health.

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 Prohibition of the Purchase and Sale of Human Organs?

You can be charged with Prohibition of the Purchase and Sale of Human Organs 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 punishment for Prohibition of the Purchase and Sale of Human Organs?

A conviction for Prohibition of the Purchase and Sale of Human Organs is punished 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. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §48.02^2. Texas Penal Code §48.02(c)^3. Texas Penal Code §48.02(d)