Family Code · §25.08
Sale or Purchase of Child
Sale or Purchase of Child (§25.08): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Accepts (or offers or agrees to accept) a thing of value for delivering a child under 18 for adoption, OR gives (or offers or agrees to give) a thing of value to acquire or keep possession of a child for adoption
- Statutory exceptions: authorized agency fees, professional fees, reimbursed legal or medical expenses, permitted pregnancy-related expenses (§25.08(b))
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Worked examples
Worked example 1
Sale or purchase of a child for purposes of adoption (Tex. Penal Code §25.08), with no intent to commit a trafficking or prostitution-related offense, is what level of offense?
- Class A misdemeanor
- 3rd degree felony Correct
- 2nd degree felony
- 1st degree felony
Why: Under §25.08(c), sale or purchase of a child is a 3rd degree felony. It is a 2nd degree felony only if the actor commits the offense with intent to commit an offense under Penal Code §20A.02, 43.021, 43.05, or 43.25. The offense covers giving or accepting a thing of value for the possession or delivery of a child for purposes of adoption; §25.08(b) excepts authorized agency fees, professional fees, reimbursed legal or medical expenses, and permitted pregnancy-related expenses.
Statute: Tex. Penal Code §25.08