Texas Penal Code 48.02 – Prohibition of the Purchase and Sale of Human Organs
WHAT IS PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS?
Texas law prohibits purchasing, selling, offering to buy or sell, receiving, transferring, or otherwise acquiring a human organ in exchange for value.
WHAT IS THE PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS LAW IN TEXAS?
Tex. Penal Code § 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS.
(b) A person commits an offense if he or she knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration.
(c) It is an exception to the application of this section that the valuable consideration is: (1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or (3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.
(d) A violation of this section is a Class A misdemeanor.
WHAT IS THE PENALTY CLASS FOR PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS?
Purchasing and selling human organs is a Class A misdemeanor, punishable by up to one year in county jail.
WHAT IS THE PUNISHMENT RANGE FOR PROHIBITION ON PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS?
The punishment range for the purchase and sale of human organs, a Class A misdemeanor, is up to one year in jail, and a maximum $4,000 fine.
WHAT ARE THE PENALTIES FOR PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS?
A person charged with prohibited purchase and sale of human organs may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.
WHAT ARE THE DEFENSES TO PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS?
The statute creates an exception to the prohibition of the purchase and sale of human organs if the valuable consideration is:
- a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services;
- reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or
- reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.
WHAT IS THE STATUTE OF LIMITATIONS FOR PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS?
The limitation period for prohibited purchase and sale of human organs, a Class A misdemeanor, is two years.
PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS IN TEXAS
Texas law punishes the purchase and sale of human organs, or any transfer thereof, or offer to sell or buy human organs in exchange for something of value.
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CHARGES DISMISSED
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.
CHARGES DISMISSED
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.
CHARGES DISMISSED
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.
CHARGES DISMISSED
DWI 2nd
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.
CHARGES DISMISSED
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.
CHARGES DISMISSED
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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