Texas Woman Tries Selling Her Unborn Baby on Facebook

 Posted on November 14, 2024 in Criminal Defense

A woman in Texas is facing criminal charges after she allegedly tried to sell her unborn child on Facebook recently. Although the woman seemed to believe that she was not truly selling her child and was rather offering up the child for adoption, exchanging anything of value for a child is illegal in Texas.

While cases of parents trying to get money for their children are relatively unusual, child trafficking is a more common criminal charge, especially in Texas where many children are moved from the southern border through the state without their parents.

If you are facing charges for buying or selling a child, whether your own or someone else’s, or are even being investigated for this serious crime, you need the best Texas criminal defense attorney you can get.

Is Trying to Sell a Child for Adoption Illegal in Texas? 

Yes, selling or buying a child for any reason – including adoption – is illegal in Texas. You can be charged with a crime even if you do not successfully sell or buy a child. Simply making or accepting an offer is still against the law.

Specifically, the law says that someone commits a crime if that person offers or agrees to accept anything of value – not just money – in exchange for a child. Police will sometimes use "stings" to catch people trying to sell or buy children, which means the offer does not even have to be for a real child in order for someone to face prosecution.

Charges for the sale or purchase of a child Texas have a three-year statute of limitations. This means that three years after the alleged crime has been committed, the state can no longer press charges.

The penalty for buying or selling a child in Texas is a third-degree felony, allowing up to $10,000 in fines and up to 10 years in prison. If the child is bought or sold with the intent to force the child into sexual services, the charge is increased to a second-degree felony, with the possibility of up to 20 years in prison.

Selling a Child vs. Trafficking a Child in Texas

Although charges of buying or selling a child and trafficking a child are not the same, they are closely related. Trafficking a child involves forcing a child to engage in forced services or labor, including illegal sexual acts. The exchange of money or anything else of value does not have to be involved for prosecution of a child trafficking case to be successful.

Even if a person was not directly involved in trafficking a child, if that person benefits from the services of a trafficked child, such as forced labor, that person can face trafficking charges. People involved in child trafficking charges can be related to a child, but do not have to be.

In contrast, the law prohibiting the sale or purchase of a child specifically applies to someone who has a child in their custody, guardianship, or conservatorship. This applies to adults who are a child’s parent, foster parent, or other formal caregiver who agree to accept or give something of value in exchange for a child’s adoption. No sexual abuse, forced labor, or any other kind of exploitation need be involved.

Call a Plano, TX Child Trafficking Defense Lawyer

Even if you believe you are not under serious threat of being charged with selling or buying a child or with child trafficking, you need to take any investigation very seriously. Call the Collin County, TX crimes against children defense attorneys with The Crowder Law Firm, P.C. right away to get started on your defense. 214-544-0061.