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21-866.


21-866.
   
   A. 1. The crime of trafficking in children is defined to consist of
   any of the following acts or any part thereof:
   
   a. the acceptance, solicitation, offer, payment or transfer of any
   compensation, in money, property or other thing of value, at any time,
   by any person in connection with the acquisition or transfer of the
   legal or physical custody or adoption of a minor child, except as
   ordered by the court or except as otherwise provided by Section
   7505-3.2 of Title 10 of the Oklahoma Statutes,
   
   b. the acceptance or solicitation of any compensation, in money,
   property or other thing of value, by any person or organization for
   services performed, rendered or purported to be performed to
   facilitate or assist in the adoption or foster care placement of a
   minor child, except by the Department of Human Services, a
   child-placing agency licensed in Oklahoma pursuant to the Oklahoma
   Child Care Facilities Licensing Act, or an attorney authorized to
   practice law in Oklahoma. The provisions of this paragraph shall not
   prohibit an attorney licensed to practice law in another state or an
   out-of-state licensed child-placing agency from receiving compensation
   when working with an attorney licensed in this state who is, or when
   working with a child-placing agency licensed in this state which is,
   providing adoption services or other services necessary for placing a
   child in an adoptive arrangement,
   
   c. bringing or causing to be brought into this state or sending or
   causing to be sent outside this state any child for the purpose of
   placing such child in a foster home or for the adoption thereof
   without first complying with the Interstate Compact on the Placement
   of Children. Provided, however, that this provision shall have no
   application to the parent or guardian of the child nor to a person
   bringing said child into this state for the purpose of adopting the
   the child into such person's own family,
   
   d. the receipt of any money or any other thing of value for expenses
   related to the placement of a child for the purpose of an adoption by
   the birth parent of the child who at the time of the receipt had no
   intent to consent to eventual adoption or by a woman who is not
   pregnant but who holds herself out to be pregnant and offers to place
   a child upon birth for adoption,
   
   e. advertising of services for compensation to assist with or effect
   the placement of a child for adoption or for care in a foster home by
   any person or organization except by the Department of Human Services,
   or a child-placing agency licensed in this state. Nothing in this
   paragraph shall prohibit an attorney authorized to practice law in
   Oklahoma from the advertisement of legal services related to the
   adoption of children, and
   
   f. (1) advertisements for and solicitation of a woman who is pregnant
   to induce her to place her child upon birth for adoption, except by a
   child-placing agency licensed in this state or an attorney authorized
   to practice law in Oklahoma. Nothing in this section shall prohibit a
   person from advertising to solicit a pregnant woman to consider
   adoptive placement with the person or to locate a child for an
   adoptive placement into the person's own home, provided that such
   person has received a favorable preplacement home study recommendation
   in accordance with Section 7505-5.1 of this title, which shall be
   verified by the signed written statement of the person or agency which
   performed the home study.
   
   (2) Any person violating the provisions of this paragraph shall, upon
   conviction thereof, be guilty of a misdemeanor.
   
   2. a. Except as otherwise provided by this subsection, the violation
   of any of the subparagraphs in paragraph 1 of this subsection shall
   constitute a Schedule G felony and shall be punishable by imprisonment
   of up to ten (10) years or a fine of up to Ten Thousand Dollars
   ($10,000.00) per violation or both such fine and imprisonment.
   
   b. Prospective adoptive parents who violate subparagraph a of
   paragraph 1 of this subsection, upon conviction thereof, shall be
   guilty of a misdemeanor and may be punished by a fine not to exceed
   Five Thousand Dollars ($5,000.00) per violation.
   
   B. 1. No person shall knowingly publish for circulation within the
   borders of the State of Oklahoma an advertisement of any kind in any
   print, broadcast or electronic medium, including, but not limited to,
   newspapers, magazines, telephone directories, handbills, radio or
   television, which violates subparagraph e or f of paragraph 1 of
   subsection A of this section.
   
   2. Any person violating the provisions of this subsection shall, upon
   conviction thereof, be guilty of a misdemeanor and shall be punished
   by a fine not to exceed Five Thousand Dollars ($5,000.00) per
   violation.
   
   C. The payment or acceptance of costs and expenses listed in Section
   7505-3.2 of Title 10 of the Oklahoma Statutes shall not be a violation
   of this section as long as the petitioner has complied with the
   applicable procedure specified in Section 7505-3.2 of Title 10 of the
   Oklahoma Statutes and such costs and expenses are approved by the
   court.
   
   D. Any person knowingly failing to file an affidavit of all adoption
   costs and expenses before the final decree of adoption as required by
   Sections 7505-3.2 and 7505-6.2 of Title 10 of the Oklahoma Statutes
   shall be guilty of a misdemeanor.
   

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