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.
