Sex Offender Registration

The offenses that fall under the sex offender registration requirements in Texas are found in Code of Criminal Procedure Art. 62.001(5). In order to trigger the reporting requirement, the conviction does not have to be a final conviction or result in a prison sentence.

Even a defendant who received deferred adjudication for any qualifying offense is subject to the registration requirements. One exception to this general rule applies to a second violation of the Indecent Exposure statute and any out-of-state offenses.

A person adjudicated delinquent of a qualifying offense in juvenile court is also required to register as a sex offender in Texas.

If you are accused of a sexually motivated crime in San Antonio, TX, it is important to hire an attorney that understands Texas laws related to the registration requirements as a sex offender. In many of these cases, the criminal defense attorney will work to negotiate a disposition that does not require the defendant to register as a sex offender in Texas or in any other state that the defendant might move to in the future.

Contact Attorney Don Flanary to discuss your case.

Call (210) 738-8383 today for a free and confidential consultation.

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Convictions Requiring Sex-Offender Registration in Texas

The sex offender registration requirements in Texas, including the length of registration, depending on the offense committed. The following offenses require registration for 10 years (or for a lifetime if the defendant is already a sex offender as an adult):

• Unlawful Restraint of a victim under 17 (§20.02)
• The kidnapping of a victim under 17 (§20.03)
• Aggravated Kidnapping of a victim under 17 (§20.04)
• Indecency with a Child by exposure (§21.11(a)(2)

Some offenses that are designated as reportable convictions or adjudications in Article 62.001(5) that do not fall into the lifetime registration requirement list will have a 10-year registration requirement. The 10 years begins at the conclusion of either the offender\\\’s release from a penal institution, discharge from community supervision; or dismissal of the proceedings and offender\\\’s release, whichever occurs last. A conviction for any of the following offenses will result in a registration requirement for 10 years:

• Compelling Prostitution by force, fraud, or coercion (§43.05(a)(1))
• Any attempt, conspiracy, or solicitation to commit any of the above offenses (§§15.01–15.03)
• Indecent Exposure upon a second violation (which cannot be a deferred adjudication) (§21.08)
• Online Solicitation of a Minor (§33.021)
• Prostitution if the person solicited is younger than 18 [as of September 1, 2015] (§43.02(c)(3))

Offenses that have a lifetime registration requirement are either Sexually Violent Offenses under CCP Article 62.001(6) or specifically enumerated offenses under Code of Criminal Procedure Art. 62.101(a). A conviction for any of the following offenses triggers a lifetime reporting requirement:

• Aggravated Kidnapping involving intent to violate or abuse the victim sexually (§20.04(a)(4))
• Trafficking: Sex labor through force, fraud, or coercion (§20A.02(a)(3))
• Trafficking: Benefit from sex labor (§20A.02(a)(4))
• Trafficking: Sex labor of child under 18 (§20A.02(a)(7))
• Trafficking: Benefit from sex labor of child under 18 (§20A.02(a)(8))
• Continuous Sexual Abuse of a young child or children (Penal Code §21.02)
• Indecency with a Child by contact (§21.11(a)(1)
• Aggravated Sexual Assault (§22.021)
• Prohibited Sexual Conduct (§25.02)
• Burglary with intent to commit sexual felonies (§32.02(d)) including:
  • §21.11 Indecency with a Child
  • §22.011 Sexual Assault
  • §22.021 Aggravated Sexual Assault
  • §25.02 Prohibited Sexual Conduct
  • §20.04(a)(4) Aggravated Kidnapping involving intent to violate or abuse the victim sexually
• Compelling Prostitution of a child under 18 (§43.05(a)(2))
• Sexual Performance by a Child (§43.25)
• Possession or Promotion of Child Pornography (§43.26)

An adjudication of delinquency for any offense above will result in a 10-year registration requirement that lasts until the 10th anniversary of the case’s disposition or the completion of the terms of that disposition, whichever is later.

A violation of the laws of another state, a foreign country, federal law, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements substantially similar to any offense as listed above, but not if the violation results in a deferred adjudication.

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Sexually Motivated Crimes Not Requiring Registration

Not all offenses involving sexual conduct or sexual conduct with a minor have a registration requirement. Some types of cases involving prostitution and children do not fall under the category of reportable convictions or adjudications. The following Texas Penal Code offenses do not have any registration requirement because these offenses are not listed as qualifying offenses in CCP Art. 62.001(5)) including:

• §20A.03 Continuous Trafficking of Persons;
• §21.15 Improper Photography or Visual Recording;
• §43.03 Promotion of Prostitution;
• §43.04 Aggravated Promotion of Prostitution;
• §43.23(h) Obscenity, when the obscene material depicts or describes activities engaged in by a child under 18, a person indistinguishable from a child under 18, or an image depicting an identifiable child.

Second-degree obscenity is listed as an offense with a lifetime registration requirement under CCP Art. 62.101(a)(5), but it is not listed in Art. 62.001(5) as a reportable conviction or adjudication.

Although Texas law is not well settled in this regard, it is reasonable to conclude that based on the detailed list of reportable convictions and adjudications that second-degree obscenity is an offense that does not require sex offender registration.

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  Indecent Exposure
  
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  Public Lewdness
  
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  Voyeurism
  
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  Invasive Visual Recording
  
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  Improper Photography
  
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  Disclosure of Intimate Material
  
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  Sexual Assault
  
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  Aggravated Sexual Assault
  
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  Continuous Sexual Abuse
  
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  Educator and Student
  
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  Indecency With a Child
  
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  Child Pornography
  
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  Sexual Performance By a Child
  
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  Failure to Comply
  
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  Sex Offender Registration
  
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  Sexually Violent Predator Order
  

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Donald H. Flanary III

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