Oklahoma Child Trafficking Charges and the “Buying a Baby at an Auction” Story
A recent news story describes a 73-year-old Mississippi man, Howell Gene Penton, who allegedly tried to buy a woman’s 10-month-old baby at an auction house in Angie, Louisiana. According to reports, investigators set up an undercover operation, arrested him, and charged him with sale of minor children. If you live in Oklahoma, it’s natural to ask how a similar situation would be handled under Oklahoma criminal law, including child-trafficking statutes and Oklahoma’s sale of child, unborn child, or remains law at 63 O.S. § 1-735.
Accused of Child-Related Trafficking or Sale-of-Child Charges in Oklahoma?
If you’ve been accused of trafficking in children, attempting to buy or sell a child, sale of a child, unborn child, or remains, child stealing, or any other Oklahoma crime affecting children, you shouldn’t try to navigate the system alone. If you’re facing charges in an Oklahoma state court, call us at at 405-633-3420 or reach out for a free consultation through our contact form.
What Happened in the Louisiana Auction House Case?
In the Louisiana case, deputies say a man approached a mother at a local auction house and allegedly asked if he could buy her 10-month-old daughter. The sheriff’s office opened an investigation after hearing about the offer. Then officers arranged an undercover operation at or around the auction house. During that sting, investigators say the man again tried to go through with the deal, and they arrested him on a serious child-related felony charge. He’s now in jail on a high bond while the investigation continues.
When you read a story like that, you may wonder what would happen if someone made the same kind of “offer” in Oklahoma. Would that be treated as human trafficking, child stealing, or something under the health and safety code? Because Oklahoma has very specific statutes for trafficking in children, sale of child, unborn child, or remains, and taking or concealing a child, the label the prosecutor chooses can have a huge impact on your exposure and your defenses.
How Oklahoma Defines Trafficking in Children
Oklahoma has its own set of laws aimed directly at buying, selling, and trading children. Under Title 21, Chapter 32A, the main offense is trafficking in children, found at 21 O.S. § 866. The law is built around the idea that you can’t turn adoption, foster care, or placement of a child into an underground cash business. Instead, the statute restricts payments and services involving adoption and foster placements to the Department of Human Services, licensed child-placing agencies, and properly authorized attorneys.
The related definitions statute, 21 O.S. § 865, explains what counts as a “child,” a “child-placing agency,” and “advertising” in this context. Under Oklahoma law, a child is an unmarried or unemancipated person under eighteen. “Person” can be an individual or an organization. Because of those definitions, you can get swept into the trafficking-in-children statute even if you’re not a parent, not a social worker, and not part of an agency. You just have to be someone who inserts yourself into the black-market side of child placement.
The statute lists several ways you can commit trafficking in children. Some subsections focus on taking money for adoption expenses with no intent to consent to the adoption. Others focus on pretending to be pregnant to collect adoption money or on taking money from multiple adoptive families for the same child. Oklahoma jury instructions OUJI-CR 4-58D through 4-58H walk through those elements for different trafficking scenarios and tell jurors what the State must prove beyond a reasonable doubt. Even though the Louisiana article talks about “sale of minor children,” Oklahoma’s trafficking statute is broad enough to cover conduct that looks like you’re trying to buy or sell a child, especially when money is tied to placement or adoption.
Trafficking in Children
In Oklahoma, trafficking in children is classified as a felony offense. The criminal code treats it as a serious Class B2 felony with a possible multi-year prison range and a fine that can reach $10,000. The heart of the statute is a list of forbidden acts related to adoption and foster placement, including taking or soliciting money for adoption expenses in specific abusive ways, advertising paid services to arrange placements, and manipulating adoptive families for profit. Even if no child is actually handed over, the act of arranging the deal or taking the money in one of the prohibited ways can be enough for a charge.
If the alleged auction-house conversation described in the Louisiana story happened in Oklahoma, a prosecutor would look closely at whether your conduct fit into one of those listed trafficking categories. Because the law covers receiving or soliciting “money or any other thing of value” for the placement of a child for adoption, the focus would be on what you said, what you offered, and whether there was any agreement or exchange. An undercover operation—like the one described in the article—would be designed to lock in those elements on camera or audio.
Sale of Child, Unborn Child, or Remains
Separate from the criminal code, Oklahoma’s health and safety laws include 63 O.S. § 1-735, titled “Sale of Child, Unborn Child or Remains of Child – Experiments”. Under this statute, no person may sell a child, an unborn child, or the remains of a child or unborn child resulting from an abortion. The law also bars experimentation on a child or unborn child that’s the result of, or intended to be the subject of, an abortion, unless the experimentation is therapeutic for that child or unborn child.
In addition, 63 O.S. § 1-735 prohibits experimentation on the remains of a child or unborn child resulting from an abortion. The statute makes clear that “experiment” doesn’t include lawful autopsies. So the focus here is on preventing sales and non-therapeutic experiments involving children, unborn children, and remains in medical or research settings. Because it sits in Title 63, the statute often comes up alongside Oklahoma’s abortion and medical-regulation laws rather than in everyday child-placement disputes.
How does this connect to the auction-house fact pattern? In a straightforward “I want to buy your living baby” situation, prosecutors in Oklahoma would usually start with 21 O.S. § 866 and related trafficking-in-children provisions. However, if any alleged sale involved remains, medical research, or procedures tied to abortion, 63 O.S. § 1-735 could become a separate or additional charge. Because both statutes talk about “sale” and “child,” your lawyer needs to sort out whether the State is using the Title 21 trafficking framework, the Title 63 sale-of-child framework, or both. Our Oklahoma crimes affecting children resource goes deeper into how sale-of-child cases can be charged and defended.
Child Stealing and Kidnapping in Oklahoma
Oklahoma also has separate crimes that deal with taking or moving a child. One of the most important for situations involving children is child stealing under 21 O.S. § 891. According to OUJI-CR 4-113, the State must prove you maliciously, forcibly, or fraudulently took or enticed away a child under sixteen, with either an intent to detain or conceal the child from a parent or guardian, or an intent to transport the child out of Oklahoma or out of the United States without the custodian’s consent.
That crime usually comes up in intense custody disputes, but it can also apply when a stranger tries to spirit a child away. In the auction case, the reports don’t suggest that the man physically tried to grab or carry the child away. Because of that, a straight child-stealing charge might not fit those facts as cleanly as a trafficking or “sale of minor children” theory. However, if you did more than talk—if you actually tried to leave with the child—Oklahoma prosecutors could look at both trafficking and child stealing, and potentially at kidnapping statutes as well, depending on how far the abduction went.
For you, this matters because each statute has different elements, different mental-state requirements, and different sentencing ranges. Because prosecutors often stack charges, you could face trafficking in children, child stealing, and even a 63 O.S. § 1-735 count in the same case if medical or remains issues are involved. A defense strategy needs to dig into the specific verbs in each statute—“taking,” “enticing away,” “sell,” “experiment”—and compare them to what really happened.
Duty to Report Suspected Trafficking or Sale-of-Child Conduct in Oklahoma
The Louisiana sheriff’s office has asked the public to call in any information about sale of minor children. Oklahoma has a similar idea built into 21 O.S. § 870, which imposes a duty on “every person” who has reason to believe that a person or child-placing agency is engaging in trafficking in children as described in § 866. If you’re that person, you’re supposed to report the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, which then must notify the local district attorney.
This reporting duty isn’t just a suggestion. The statute says no privilege or contract excuses you from reporting, and it protects employees from retaliation if they make a good-faith report. It even authorizes professional discipline for licensed individuals who knowingly and willfully fail to report trafficking in children or who interfere with reporting. So if you’re in Oklahoma and hear someone casually joke about “buying a baby” or you actually see an attempt, state law expects you to treat that as serious and pick up the phone.
On the flip side, if you’re the one accused, this duty to report means your case may involve multiple agencies—state investigators, local police, and sometimes child welfare workers. Because reports can be based on misunderstandings or exaggerations, a strong defense often involves tracking down the original report, challenging how it was interpreted, and examining whether the facts really fit the trafficking statute, the 63 O.S. § 1-735 sale-of-child framework, or are more consistent with a lesser accusation.
Attempt, Solicitation, and Undercover Stings in Oklahoma
One big issue raised by the Louisiana story is that the alleged buyer never actually received the child. You might assume you can’t be charged with trafficking in children unless a child actually changes hands. However, Oklahoma law allows prosecutors to charge you with an attempted felony even when the crime isn’t completed. If you intentionally take a “substantial step” toward committing a felony, and you do it with the required intent, you can be charged with attempting that felony—even if the final act never happens.
In practice, that means telling an undercover officer you’re willing to pay money for a child, agreeing on a price, or showing up with cash can be used as evidence of an attempted trafficking-in-children offense. Because courts and juries look at your words, your actions, and your text messages or chats, you can end up facing serious charges based mostly on your side of the conversation. Undercover stings are designed to capture that evidence in a controlled setting, which is exactly what the Louisiana agencies reportedly did at the auction house.
From a defense standpoint, you may have arguments about lack of intent, joking statements, or entrapment. You might also challenge whether your conduct actually fits the specific trafficking subsections in § 866, whether the State has stretched 63 O.S. § 1-735 beyond its medical and experimental focus, or whether the State has confused improper but non-criminal behavior with conduct that truly meets the elements of these serious felonies.
How a Child-Trafficking or Sale-of-Child Case Moves Through Oklahoma State Courts
A case like this in Oklahoma would typically start with a report to law enforcement, followed by an investigation and often a controlled operation. If officers believe they have probable cause, they either arrest you on the spot or seek an arrest warrant. After that, your case enters the Oklahoma state court system, usually in the county district court where the alleged conduct happened. If you want a deeper dive into how those courts work, you can review our page on Oklahoma state court criminal defense in county district courts.
Once charges are filed, you face an arraignment, a bond decision, and, in a felony case, a preliminary hearing. At the preliminary hearing, the judge decides whether there’s probable cause to hold you for trial on trafficking in children, child stealing, sale of child under 63 O.S. § 1-735, or any related charges. Your lawyer can cross-examine witnesses, challenge the way undercover operations were run, and argue that the facts—even if true—don’t satisfy the elements of the Oklahoma statutes being used.
If your case goes beyond the preliminary hearing, you move into motions practice and potential plea negotiations. Because these cases often involve sensitive child-welfare records, medical records, or electronically stored communications, there can be discovery fights over what you’re allowed to see. Suppression motions may target statements you allegedly made, recordings from undercover operations, or search warrants used to seize phones and computers. Finally, if the case goes to trial, OUJI-CR instructions on trafficking in children, child stealing, and any attempt theories guide what the jury must unanimously find beyond a reasonable doubt.
Key Oklahoma Legal Terms Explained
When you read about “sale of minor children,” “trafficking in children,” or “sale of child, unborn child, or remains,” the legal jargon can get confusing fast. Here are a few key terms explained in plain language so you can better understand what’s at stake in an Oklahoma case.
Child
For Oklahoma trafficking-in-children laws, a “child” usually means an unmarried or unemancipated person under eighteen years old. That includes infants, toddlers, and teenagers who haven’t been legally emancipated. Title 63 uses similar language when it deals with unborn children and remains in the sale-of-child context.
Trafficking in Children
Trafficking in children in Oklahoma generally means engaging in certain forbidden deals around adoption or foster placement. That can include taking or soliciting money for adoption expenses in abusive ways, manipulating multiple adoptive families for the same child, or advertising paid placement services when you’re not a licensed agency or authorized attorney.
Sale of Child, Unborn Child, or Remains
Under 63 O.S. § 1-735, sale of child, unborn child, or remains refers to selling a child, an unborn child, or the remains of a child or unborn child resulting from an abortion, and to certain non-therapeutic experiments on those children or remains. The statute targets sales and experiments in medical or research settings and sits in Oklahoma’s health and safety code.
Child Stealing
Child stealing is taking or enticing away a child under sixteen with a specific bad intent, such as hiding the child from a parent or guardian or transporting the child out of Oklahoma without the custodian’s consent. The focus is on interference with lawful custody, not on money or adoption expenses.
Probable Cause
Probable cause is a reasonable belief, based on facts and circumstances, that you committed a crime. Officers don’t need proof beyond a reasonable doubt at this stage. They just need enough trustworthy information to justify an arrest, a warrant, or moving your case toward a preliminary hearing.
Attempt
An attempt means you intended to commit a specific crime and took a substantial step toward doing it, but the crime wasn’t completed. In a trafficking or sale-of-child context, showing up with money and agreeing to a child-for-cash exchange can be treated as an attempt, even if no child is ever handed over.
Frequently Asked Questions About Oklahoma Child-Trafficking, Sale-of-Child, and Child-Stealing Cases
Is offering to buy a baby a crime in Oklahoma?
Yes. If you offer money or anything of value in connection with placing a child for adoption or foster care in a way that fits Oklahoma’s trafficking-in-children statute, you can face a felony charge. In some situations, prosecutors may also look at 63 O.S. § 1-735 if the sale involves medical or remains issues. Even if no child changes hands, an offer made as part of a serious plan can support an attempted felony case in Oklahoma.
What’s the difference between trafficking in children, sale of child, and child stealing in Oklahoma?
Trafficking in children in Oklahoma focuses on abusive adoption and placement deals, often involving money or valuable benefits. Sale of child, unborn child, or remains under 63 O.S. § 1-735 focuses on sales and non-therapeutic experiments involving children, unborn children, and remains in medical or research settings. Child stealing focuses on physically taking or enticing away a child under sixteen with the intent to hide the child from a lawful custodian or move the child out of Oklahoma without consent.
Do I have to report suspected child trafficking or sale-of-child activity in Oklahoma?
Oklahoma law expects you to report suspected trafficking in children to the proper authorities when you have reason to believe it’s happening. Licensed professionals face possible discipline if they knowingly fail to report or interfere with reporting. Even if you’re not licensed, reporting can affect how investigators and courts view your role in an Oklahoma case involving trafficking or related sale-of-child allegations.
How do undercover stings work in Oklahoma child-trafficking or sale-of-child investigations?
In Oklahoma, undercover officers may pose as parents, intermediaries, or interested buyers to see whether you’ll agree to an illegal deal involving a child or remains. Messages, recorded conversations, and meetings can become key evidence. If you’re charged after a sting, your defense lawyer may examine whether Oklahoma’s entrapment rules, probable-cause standards, or the specific wording of 21 O.S. § 866 and 63 O.S. § 1-735 were applied correctly.
What penalties can you face for child trafficking or sale of a child in Oklahoma?
Trafficking in children is a felony in Oklahoma and can carry years in prison, significant fines, and long-term consequences for your record, employment, and family life. Violations of 63 O.S. § 1-735 can also be treated as serious crimes under Oklahoma’s health and safety laws. Depending on the facts, you may face related Oklahoma charges like child stealing or other crimes affecting children, which can increase your total sentencing exposure.
This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated December 17, 2025. Consult the statutes listed above for the most up-to-date law.