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CHAPTER 25. OFFENSES AGAINST THE FAMILY
§ 25.08. SALE OR PURCHASE OF CHILD.
(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.
(b) It is an exception to the application of this section
that the thing of value is:
(1) a fee or reimbursement paid to a child-placing
agency as authorized by law;
(2) a fee paid to an attorney, social worker, mental
health professional, or physician for services rendered in the
usual course of legal or medical practice or in providing adoption
counseling;
(3) a reimbursement of legal or medical expenses
incurred by a person for the benefit of the child; or
(4) a necessary pregnancy-related expense paid by a
child-placing agency for the benefit of the child's parent during
the pregnancy or after the birth of the child as permitted by the
minimum standards for child-placing agencies and Department of
Protective and Regulatory Services rules.
(c) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor commits the offense with intent to commit an offense under
Section 43.25. |
