The Texas Sale or Purchase of Child law gives police the right to arrest you if they believe you tried to offer or receive money or anything of value in exchange for an adoption.
FAQs about the
Sale or Purchase of Child law in Texas
- What is the current Texas law about Sale or Purchase of Child?
- How can I be charged with a Sale or Purchase of Child offense in Texas?
- What is the statute of limitation for Sale or Purchase of Child in Texas?
- What is the penalty for a Texas Sale or Purchase of Child offense?
- Can you get probation for Sale or Purchase of Child in Texas?
- Do I have to register as a sex offender in Texas if guilty of Sale or Purchase of Child?
- What level of crime is Sale or Purchase of Child in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 25.08. The legislature did not update this law in 2023, but did update this law in the prior legislative session in 2021 by making a nonsubstantive reference change.
The Penal Code codifies the Texas Sale or Purchase 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 Sale or Purchase of Child below.
What is the current Texas law about Sale or Purchase of Child?
The current Texas law defines the offense of Sale or Purchase of Child in Penal Code Section §25.08 as follows:[1]
(a) A person commits an offense if he:
(1) possesses a child younger than 18 years of age or has the custody, conservatorship, or guardianship of a child younger than 18 years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption; or
(2) offers to give, agrees to give, or gives a thing of value to another for acquiring or maintaining the possession of a child for the purpose of adoption.
How can I be charged with a Sale or Purchase of Child offense in Texas?
You can be charged with Sale or Purchase of Child in Texas if the state’s attorneys believe that each of the elements of 25.08(a) as described in the section above have been met.
What is the statute of limitation for Sale or Purchase of Child in Texas?
Sale or Purchase of Child offenses have a three-year limitations period.[2]
What is the penalty for a Texas Sale or Purchase of Child offense?
A conviction for Sale or Purchase of Child is punished by default as a Felony of the Third Degree,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
However, a conviction for Sale or Purchase of Child can be punished as a Felony of the Second Degree if the state’s attorney can prove to a jury that you committed the Sale or Purchase of Child offense with intent to also commit Trafficking of Persons, Prostitution, Compelling Prostitution, or Sexual Performance by a Child.[4] Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Sale or Purchase of Child in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Sale or Purchase of Child, and judges are also allowed to accept deferred adjudication plea deals.[5]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[6] 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.[7]
Do I have to register as a sex offender in Texas if guilty of Sale or Purchase of Child?
The Sale or Purchase of Child offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.[8]
However, the legislature can add this offense to the list at any time. If that happens, people convicted of Sale or Purchase of Child would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.
What level of crime is Sale or Purchase of Child in Texas?
The Penal Code classifies the punishment for Sale or Purchase of Child as a second or third degree felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §25.08. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §25.08(c)^4. Texas Penal Code §25.08(c)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure^8. Code of Criminal Procedure, Article 62.001
