The Sale or Purchase of Child crime in the state of Texas gives police the right to arrest you if they believe you tried to purchase or sell a child for adoption. Learn more detailed information about the Sale or Purchase of Child offense below.

Sale or Purchase of Child is classified in the Texas Penal Code under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.”

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 Sale or Purchase of Child?

You can be charged with Sale or Purchase of Child 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 punishment for Sale or Purchase of Child?

A conviction for Sale or Purchase of Child is punished by default as a Felony of the Third Degree,^[2] 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 offense with intent to commit an offense under Section 20A.02, 43.02, 43.05, or 43.25.^[3] Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §25.08^2. Texas Penal Code §25.08(c)^3. Texas Penal Code §25.08(c)