Sale or Purchase of a Child
If an individual offers to accept or give anything of value for the delivery of a child, he or she has committed a third degree felony. If an individual is convicted of this crime in Texas, he or she could face the following penalties:
- Being required to register as a sex offender
- Difficulties in finding employment
- Tarnished reputation
- Restrictions on types of employment
- Inability to receive educational funding from the government
Regardless of the circumstances surrounding the incident, the prosecution must prove beyond a reasonable doubt that the alleged offender is guilty of the crime. If the defense can create doubt that you committed the offense, you may be acquitted of the charges against you. Therefore, it is vital that you contact an experienced Dallas/Fort Worth family violence defense attorney, who can help you defend you against these charges.
Dallas Sale or Purchase of a Child Attorney
If you are facing false or exaggerated accusations, contact Stuckle & Associates PLLC for a consultation about your defense options. Our lawyers focus exclusively on complex domestic violence related charges in the North Texas area, including the areas of McKinney, Fort Worth, Frisco, Carrollton, Plano, Irving, Mesquite, Grand Prairie, Denton, Arlington, and Allen.
The attorneys of Stuckle & Associates PLLC have experience representing clients involved in complex and emotionally-charged cases involving children, and will use that experience to give you the best legal representation possible. As a former police officer, Paul Stuckle has additional insight into the criminal justice system you may face.
Contact Stuckle & Associates PLLC for a free consultation today at (972) 423-4405 if you have been charged with the purchase or sale of a child, and let them fight for your cleared name.
Texas Statutes on Sale or Purchase of a Child
- Important Legal Definitions and Classifications
- Potential Penalties Upon Conviction
- Defenses to Sale or Purchase of a Child Charges
According to Tex. Penal Code § 25.08, it is illegal to sell or purchase a child. Under this statute, an individual is guilty of this third degree felony offense if he or she offers to give/accept, or gives/accepts a thing of value, for acquiring the possession of an individual under the age of 18 for the purpose of adoption.
Sale or purchase of a child can be upgraded to a second degree felony if the sale or purchase of the child is for sexual purposes. Sexual purposes are defined under Tex. Penal Code § 43.25 as:
Sexual conduct – any sexual contact, simulated sexual act, masturbation, or obscene exposure involving the breasts, genitals or anus
Sexual performance – any act that involves sexual conduct
Performance – a visual representation of acts that are sexual in nature that is exhibited in front of an audience of one or more people
Promote –to sell, advertise, publish, present, or deliver
Simulated – the depiction of sexual conduct in which the person engaged in the sexual conduct exposes any portion of their breasts, buttocks, or genitals
If charged with the sell or purchase of a child as a third degree felony, an individual faces a minimum of two years in prison, and a maximum of 10, along with the possibility of up to $10,000 in fines.
If the individual has his or her charges enhanced to a second degree felony, he or she can be sentenced to between two and 20 years behind bars, and be ordered to pay a fine of up to $10,000.
In many instances where an individual is falsely accused of a sex crime, he or she has a provable defense. In those cases, a knowledgeable sex crimes lawyer can present the necessary evidence to prove the innocence of the defendant. Some of the common defenses for the sale or purchase of a child include:
- Mistaken Identity
- Mistake of Fact
These defenses may not be applicable to all circumstances. It is important to consult with an experienced sex crimes attorney who can help you develop a strategy of defense that best fits your specific case.
Fighting Allegations of Selling or Purchasing a Child in Texas
If you have been accused of this serious crime in or around the areas of Dallas County, Tarrant County, Wise County, Collin County, or Denton County, contact Stuckle & Associates PLLC. Paul Stuckle is highly experienced in these complex cases and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.
Contact Stuckle & Associates PLLC today for a free consultation at (972) 423-4405 or send an online message about your sale or purchase of a child charges.