Texas Penal Code 25.09 – Advertising for Placement of Child
WHAT IS ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS?
Advertising for placement of a child criminalizes broadcasting an offer or request to rehome a child without previous authorization by a court.
WHAT IS THE ADVERTISING FOR PLACEMENT OF CHILD LAW IN TEXAS?
Tex. Penal Code § 25.09. ADVERTISING FOR PLACEMENT OF CHILD.
(a) A person commits an offense if the person advertises in the public media that the person will place, provide, or obtain a child for adoption or any other form of permanent physical custody of the child.
(b) This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.
(c) An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree.
WHAT IS THE PENALTY CLASS FOR ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS?
The first time a person commits advertising for placement of a child, it is a Class A misdemeanor, punishable by up to one year in county jail. If a person is convicted and subsequently commits the same offense, it is a third degree felony, punishable by two to ten years in prison.
WHAT IS THE PUNISHMENT RANGE FOR ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS?
The punishment range for advertising for placement of a child charged as a Class A misdemeanor is up to one year in county jail, and up to a $4,000 fine. If advertising for placement of a child is charged as a third degree felony, it carries a possible two to ten years in prison, and up to a $10,000 fine.
WHAT ARE THE PENALTIES FOR ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS?
As an alternative to jail or prison, a person may be placed on probation after a conviction, or deferred adjudication to avoid a conviction. If the offense is charged as a Class A misdemeanor, the maximum period of community supervision is two years. Advertising for the placement of a child charged as a third degree carries up to ten years of probation or deferred adjudication.
WHAT ARE THE DEFENSES TO ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS?
There are few defenses available to a person accused of advertising for placement of a child. However, licensed child-placing agencies authorized to advertise for the placement of children are specifically exempt from criminal liability.
WHAT IS THE STATUTE OF LIMITATIONS FOR ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS?
The statute of limitations for advertising for placement of a child charged as a Class A misdemeanor is two years. If advertising for placement of a child is charged as a third degree felony, the statute of limitations is three years.
ADVERTISING FOR PLACEMENT OF CHILD IN TEXAS
This law was enacted with Section 25.081, which outlaws the unregulated transfer of an adopted child. To prevent the unauthorized rehoming of an adopted child and abuse of adopted children, people are subject to criminal liability for merely making an advertisement to rehome a child. Any transfer of permanent physical custody of an adopted child must be approved by a court.
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DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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