Prohibition of Human Organ Purchase - 42 U.S.C. § 274e
Thanks to modern medical advances, the altruistic practice of organ donation has saved countless lives. The United States operates on a system of voluntary organ donation, a testament to the selfless nature of humanity, where organs are given without financial compensation solely for the purpose of saving lives.
Allowing payment for organs could lead to dangerous black markets, coercion, and exploitation of disadvantaged individuals. For this reason, it is a federal crime under 42 U.S.C. 274e to acquire a human organ for transplant in exchange for "valuable consideration." If you're convicted of this crime, you could face up to five years in federal prison.
42 U.S. Code 274e Prohibition of organ purchases, says-
"(a) Prohibition. It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce. The preceding sentence does not apply with respect to human organ-paired donation.
(b) Penalties. Any person who violates subsection (a) shall be fined not more than $50,000 or imprisoned for not more than five years, or both.
(c) Definitions. For purposes of subsection (a):
(1) The term "human organ" means the human (including fetal) kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin or any subpart thereof and any other human organ (or any subpart thereof, including that derived from a fetus) specified by the Secretary of Health and Human Services by regulation."
Being accused of a federal crime is an overwhelming experience, especially when the charges pertain to something as complex as the illegal purchase or sale of human organs.
As noted, Title 42 U.S. Code 274e outlines specific regulations against such actions, and understanding the key aspects of this law can provide clarity as you consider your options.
Below, we'll break down what the law prohibits, its exceptions, the elements prosecutors must prove, the penalties you might face, and some defenses commonly used in these cases.
What Does the Law Say?
Under Title 42 U.S. Code 274e, it is unlawful to knowingly acquire, receive, or transfer any human organ for valuable consideration if the transfer impacts interstate commerce.
This prohibition applies to organs intended for human transplantation and encompasses actions across state lines in the United States. A key term in this context is 'valuable consideration,' which generally refers to offering money, services, or anything of material value in exchange for an organ.
The term "interstate commerce" has the meaning prescribed for it by section 321(b) of title 21.
The term "human organ paired donation" means the donation and receipt of human organs under certain circumstances, such as when an individual (first donor) desires to make a living donation of a human organ specifically to a particular patient (first patient). Still, such a donor is biologically incompatible as a donor for such a patient.
Another circumstance is when the first donor is biologically compatible with the patient as a human organ donor.
This statute's primary purpose is to maintain the ethical standards of organ donation and prevent the exploitation of vulnerable populations. By prohibiting the sale of human organs, the law aims to uphold the altruistic nature of organ donation and protect individuals from being coerced into selling their organs.
What are the Exceptions to the Rule?
While the law broadly prohibits monetary transactions for human organs, it carves out specific circumstances where certain payments are allowed. These exceptions ensure that legitimate aspects of the transplant process are not criminalized. Acceptable costs include:
- Reasonable payments for the removal, transportation, processing, and quality control of organs.
- Expenses related to organ preservation and storage.
- Reimbursements for a donor's travel, housing, and lost wages directly related to the donation process.
Additionally, the law does not apply to "paired organ donations." This is a unique arrangement where two or more incompatible donor-recipient pairs exchange organs within a group to find biologically compatible matches.
For example, a donor who cannot provide an organ to their intended recipient may donate to another recipient in exchange for a compatible organ from a third party in the exchange. These arrangements must adhere strictly to legal guidelines to remain exempt from the prohibition.
What are the Elements of the Crime?
For a federal prosecutor to secure a conviction under 42 U.S.C. 274e, they must establish several key elements beyond a reasonable doubt:
- A Transfer Occurred: There must be evidence that an organ was acquired, received, or transferred.
- Affecting Interstate Commerce: The donation must have involved crossing state or international boundaries or other use of interstate infrastructure. (The Illegal sale of organs contained within state boundaries is subject to applicable state laws.)
- Human Organ for Transplantation: The organ must be classified under the law as a human organ intended for transplantation.
- Valuable Consideration Was Exchanged: There must be proof that the organ was transferred in exchange for something of monetary value.
- Knowledge of Illegality: The accused must have knowingly participated in the transaction, meaning they were aware that the transaction was illegal.
What are the Penalties for Violating 42 U.S.C. 274e?
Violating the prohibition on purchasing human organs carries severe penalties. Individuals convicted under this statute may face:
- Fines of up to $50,000 and/or
- Imprisonment for up to five years.
What are Related Federal Crimes?
42 U.S. Code Part H, Organ Transplants, has several related federal offenses, such as the following:
- 42 U.S.C. 273 - Organ procurement organizations.
- 42 U.S.C. 273a - National living donor mechanisms.
- 42 U.S.C. 273b - Report on the long-term health effects of living organ donation.
- 42 U.S.C. 274 - Organ procurement and transplantation network.
- 42 U.S.C. 274a - Scientific registry.
- 42 U.S.C. 274b - General provisions respecting grants and contracts.
- 42 U.S.C. 274c - Administration.
- 42 U.S.C. 274d - Report.
- 42 U.S.C. 274e - Prohibition of organ purchases.
- 42 U.S.C. 274f - Reimbursement of travel and subsistence expenses incurred toward living organ donation.
- 42 U.S.C. 274f-1 - Public awareness; studies and demonstrations.
- 42 U.S.C. 274f-2 - Grants regarding hospital organ donation coordinators.
- 42 U.S.C. 274f-3 - Studies relating to organ donation and the recovery, preservation, and transportation of organs.
- 42 U.S.C. 274f-4 - Report relating to organ donation and the recovery, preservation, and transportation of organs.
- 42 U.S.C. 274f-5 - Criteria, standards, and regulations with respect to organs infected with HIV.
- 42 U.S.C. 274g - Authorization of appropriations.
What are the Common Defenses Against the Charge?
If federal charges arise from the transfer of a human organ for transplant, a skilled federal criminal defense attorney can implement several key strategies to defend against the charges.
These common defenses, which include a lack of knowledge about the transaction's illegality or the absence of valuable consideration, can provide reassurance and clarity about your legal rights and options. Let's take a closer look below:
- Lack of Knowledge: One of the primary elements of this crime is intent. If it can be shown you were unaware of the illegal nature of the transaction or did not knowingly participate, this can weaken the prosecution's case.
- Absence of Interstate Commerce: If the transfer of the organ and payment occurred entirely within one state without any measurable effect on interstate commerce, this might remove the case from federal jurisdiction.
- No "Valuable Consideration": The law allows for specific payments, such as reimbursement for medical expenses or travel costs. If the prosecution mischaracterizes legal payments as "valuable consideration," your attorney may show proof that these expenses did not count as "valuable consideration" and were, therefore, not illegal.
- Lawful Paired Donation: If the organ transfer were part of a legally compliant paired donation arrangement, this would exempt the activity under the statutory exception.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.
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