Texas Penal Code - PENAL § 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.

(d) In this section:

(1) “Child” has the meaning assigned by Section 101.003, Family Code .

(2) “Public media” has the meaning assigned by Section 38.01 .  The term also includes communications through the use of the Internet or another public computer network.

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