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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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