(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.

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Terms Used In Texas Penal Code 25.09

  • Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07

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