The Texas offense of Prohibition On Purchase And Sale Of Human Fetal Tissue gives police the right to arrest you if they believe you offered to buy, offered to sell, acquired, received, sold, or otherwise transferred any human fetal tissue for economic benefit and you don’t fall into any of the exceptions.
PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL TISSUE ATTORNEY FAQs
This is a new offense as of 2017. There are several categories of people that this law does not apply to, and there are also certain defenses to prosecution.
Have you been charged with Prohibition On Purchase And Sale Of Human Fetal Tissue? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Learn more about the Prohibition On Purchase And Sale Of Human Fetal Tissue offense below.
What is the current Texas law about Prohibition On Purchase And Sale Of Human Fetal Tissue?
The current Texas law defines the offense of Prohibition On Purchase And Sale Of Human Fetal Tissue in Penal Code Section §48.03 as follows:[1]
(b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human fetal tissue for economic benefit.
(d) It is a defense to prosecution under this section that the actor:
(1) is an employee of or under contract with an accredited public or private institution of higher education; and
(2) acquires, receives, or transfers human fetal tissue solely for the purpose of fulfilling a donation authorized by Section 173.005, Health and Safety Code.
(e) This section does not apply to:
(1) human fetal tissue acquired, received, or transferred solely for diagnostic or pathological testing;
(2) human fetal tissue acquired, received, or transferred solely for the purposes of a criminal investigation;
(3) human fetal tissue acquired, received, or transferred solely for the purpose of disposing of the tissue in accordance with state law or rules applicable to the disposition of human fetal tissue remains;
(4) human fetal tissue or human tissue acquired during pregnancy or at delivery of a child, provided the tissue is acquired by an accredited public or private institution of higher education for use in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research; or
(5) cell lines derived from human fetal tissue or human tissue existing on September 1, 2017, that are used by an accredited public or private institution of higher education in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research.
This law was created by the 85th Texas Legislature in 2017 and was codified at Section 48.03 in the Texas Penal Code.[2] The bills that passed in the legislature that year created an entire regulatory system regarding adult stem cell research and took effect September 1, 2017.[3]
How can I be charged with Prohibition On Purchase And Sale Of Human Fetal Tissue?
You can be charged with Prohibition On Purchase And Sale Of Human Fetal Tissue if the state’s attorneys believe that each of the elements of 48.03(b) as described in the section above have been met and you don’t fall into one of the exceptions in subsection (e).
What is the punishment for Prohibition On Purchase And Sale Of Human Fetal Tissue?
Prohibition On Purchase And Sale Of Human Fetal Tissue is punished as a third degree felony.[4]
Legal References:
^1. Texas Penal Code §48.03^2. Senate Bill 8, 85th Texas Legislature, Section 17^3. See House Bill 810, 85th Texas Legislature, Sections 5-6^4. Texas Penal Code §48.03(c)
