Tex. Penal Code § 25.08 · Chapter 25. OFFENSES AGAINST THE FAMILY
SALE OR PURCHASE OF CHILD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 20A.02, 43.021, 43.05, or 43.25.
Notes and commentary — not statutory text
History
Added by Acts 1977, 65th Leg., p. 81, ch. 38, Sec. 1, eff. March 30, 1977. Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, Sec. 1, eff. Sept. 1, 1981. Renumbered from Sec. 25.06 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(44). Renumbered from Sec. 25.11 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 134, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1005, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 4.01, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 52, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm
- Text hash
- sha256 846b133030b2d43f95b399b10deb02624c0aedb7bb221766fb4308be96c3a50f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Tex. Penal Code § 20A.02TRAFFICKING OF PERSONS.Printed as Section 20A.02, 43.021, 43.05, or 43.25
- Tex. Penal Code § 43.021SOLICITATION OF PROSTITUTION.Printed as Section 20A.02, 43.021, 43.05, or 43.25
- Tex. Penal Code § 43.05COMPELLING PROSTITUTION.Printed as Section 20A.02, 43.021, 43.05, or 43.25
- Tex. Penal Code § 43.25SEXUAL PERFORMANCE BY A CHILD.Printed as Section 20A.02, 43.021, 43.05, or 43.25
Cited by 2 provisions
Provisions in this library whose text cites Tex. Penal Code § 25.08. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.