The 85th Texas Legislature created a new law in 2017 called Unregulated Custody Transfer of Adopted Child, which makes it illegal to participate in, facilitate or conduct the unregulated custody transfer of an adopted child.
UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD ATTORNEY FAQs
This law was created by Section 3 of House Bill 8341 and is to be codified at Section 25.081 in the Texas Penal Code. The law defines adopted child and an unregulated custody transfer in Sections 25.081(a), and it also creates an exception in subsection (d).
Have you been charged with Unregulated Custody Transfer of Adopted Child in Texas? Call criminal defense lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.
H.B. 834 created a suite of laws regarding the regulated custody transfer of adopted children, including the law making it a criminal offense to transfer an adopted child outside of these regulations, and the law takes effect September 1, 2017.2
The current Texas law is as follows:3
(b) Except as otherwise provided by this section, a person commits an offense if the person knowingly:
(1) conducts an unregulated custody transfer of an adopted child; or
(2) facilitates or participates in the unregulated custody transfer of an adopted child, including by transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining an adopted child for that purpose.
The law is penalized as a third degree felony,4 with punishment not to exceed ten years in state prison, unless the state’s attorneys convince a jury that except that you committed the offense with intent to commit an offense under Section 20A.02 (Trafficking of Persons), 43.02, 43.05, 43.25, 43.251, or 43.26, in which case it is a felony of the second degree.
Recent Case Results
- 2019 Not Guilty in Collin County DWI >0.15
- 2019 Not Guilty in Dallas County Indecency with a Child
- Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
- 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
- Not Guilty in 2018 Dallas County DWI Trial
- Client cleared in Dallas Police Shooting wrongful accusation
- Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
- Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
- Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
- United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
- ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
- Client “No-billed” by grand jury investigating shooting death case
- Coverage of Case Involving Waco teacher sending messages to student
- Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
- Rare Not Guilty verdict in Rockwall County DWI
- 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
- Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
- Coverage of teen Lewisville client charged with hit-and-run death
- Two Montague County Indecency with a Child cases Dismissed