Family Code · §25.08

CPS Reporting

CPS Reporting is covered under §25.08 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Possesses or offers to deliver / receive consideration for a child; For purpose of adoption or otherwise; 2nd degree felony.

Elements you must prove

  • Possesses or offers to deliver / receive consideration for a child
  • For purpose of adoption or otherwise
  • 2nd degree felony

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Worked examples

Worked example 1

Sale or purchase of a child (Tex. Penal Code §25.08) is what level of offense?

  1. Class A misdemeanor
  2. 3rd degree felony
  3. 2nd degree felony Correct
  4. 1st degree felony
Why: Sale or purchase of a child for purposes of adoption (or any other purpose) is a 2nd degree felony — separate from any sex-trafficking, kidnapping, or related offenses that may also apply.
Statute: Tex. Penal Code §25.08