Managing Attorney
Sex crimes in Texas are punished harshly and expose a person to a potential prison sentence and a permanent criminal record. Many sex crimes in Texas also carry the potential for sex offender registration, which can lead to a defendant’s name and personal information being placed on a public website, restrictions on where a person can live or travel, and even limitations on what kind of employment a person can accept. But what exactly does sex offender registration require? What offenses require sex offender registration and how long is the registration period?
The information provided below is for educational purposes only and is not legal advice. Failure to comply with sex offender requirements is a serious felony and you should always speak to an experienced sex crimes attorney to understand the sex offender requirements and restrictions relating to your particular charge. The requirements for sex offender registration are complex and may vary depending on the criminal history of the defendant and the sex offender registration requirements that were in effect at the time of the alleged offense.
How Does Sex Offender Registration Work in Texas?
In Texas, anyone with what is known as a “reportable conviction” for a listed sex offense is required to register as a sex offender. Reportable convictions include any type of conviction, probation or deferred adjudication probation for a designated sex offense. Depending on the specific offense, sex offender registration lasts for either 10-years or lifetime. The registration period begins after the term of probation or prison is complete, although a person on probation will be required to register while on probation under Texas Code of Criminal Procedure 42.12(e).
Most of the requirements for sex offender registration are contained in Chapter 62 of the Texas Code of Criminal Procedure. Among other requirements, sex offender registration requires the offender to register with the local law enforcement authority in any city or county where the person resides or intends to reside for more than seven days.
Registration requires a sex offender to provide extensive personal information to law enforcement, including address, vehicle information, physical details and a color photograph. Most information relating to a sex offender is considered public information except for sensitive items like social security numbers or driver’s license numbers. This information is publicly available and searchable through the Texas Department of Public Safety’s website or local websites, such as the city of Houston’s “Offender Watch” website. A sex offender must re-register and verify this information every year (this period can be shorter for sexually violent predators or those with two or more convictions).
Other restrictions for sex offenders include:
- Prohibitions on living on campus
- Prohibitions on certain jobs for sexually violent offenders
- Restrictions on entering schools
The Department of Public Safety also maintains a useful website with answers to many frequently asked questions regarding sex offender registration.
In addition to the requirements of sex offender registration, a person who registers as a sex offender must also comply with local ordinances applicable to registered sex offenders. In Texas, cities and municipalities have the right to restrict sex offenders from going near child safety zones. For example, the cities of Pasadena and Baytown both have laws that prohibit registered sex offenders from going within 1000 and 1500 feet of child safety zones, respectively. These requirements can vary by city and a sex offender must familiarize himself with the specific requirements before travelling to a new city. It is not a defense to claim that you were unaware of the requirements.
What Offenses Require Lifetime Sex Offender Registration?
A conviction or deferred adjudication for the following offenses require a sex offender to register for the rest of his or her life:
- Trafficking of persons for sexual purposes
- Prohibited sexual contact
- Compelling prostitution of child or a disabled individual
- Possession of promotion of child pornography
- Continuous trafficking of persons for sexual purposes
- Indecency with a child by exposure (with a prior conviction for offense requiring registration)
- Indecency with a child by touching
- Continuous sexual abuse
- Indecency by exposure
- Sexual assault
- Aggravated sexual assault
- Sexual performance by a child
- Aggravated kidnapping to violate victim sexually
- Burglary of a habitation with intent to commit certain sexual offenses
What Offenses Require 10-Year Sex Offender Registration?
A conviction or deferred adjudication for the following offenses require a sex offender to register for 10 years after a term of probation or prison sentence (as noted, the registration requirements will also have to be complied with while on probation):
- Unlawful restraint, kidnapping or aggravated kidnapping involving a victim under 17
- Indecent Exposure (second conviction – does not apply to a prior deferred adjudication probation)
- Bestiality
- Indecency with a child by exposure
- Online solicitation of a minor
- Solicitation of prostitution involving a child under 18
- Aggravated promotion of prostitution
- Compelling prostitution of victim older than 18
- Attempt, conspiracy or solicitation to commit any reportable offense
What is the Penalty for Not Complying With Sex Offender Registration?
Under Texas Code of Criminal Procedure 62.102(a) it is a criminal offense for a person who is required to register to knowingly or recklessly fail to comply with the registration requirements. A first-time violation of the failure to register statute is a State Jail Felony, punishable by 180 days to two years in prison and a $10,000 fine (the penalties are more severe for defendants with prior reportable convictions or those required to register more frequently). A person can be charged under this statute for failing to fulfill any duties required of sex offenders.
If you are charged with a sex offense in the Houston area and are concerned about the sex offender registration requirements, it is critical to consult with an experienced sex crimes defense lawyer. Call Ceja Law Firm today for a free consultation.
