A major consequence of a sexual offense conviction is that the defendant has to register with local law enforcement as a sex offender. The registration can be for life or for ten years depending on the conviction. The registration begans after the defendant is released from state supervision, whether that is probation, parole or prison.
Lifetime registration is required for the following offenses:
1. Sexually Violent Offense.
- Indecency with a Child by Contact (Section 21.11(a)(1), Penal Code);
- Sexual Assault (Section 22.011, Penal Code);
- Aggravated Sexual Assault (Section 22.021, Penal Code);
- Sexual Performance by a Child (Section 43.25, Penal Code);
- Aggravated Kidnapping, if committed with the intent to violate or abuse the victim sexually (Section 20.04(a)(4), Penal Code);
- Burglary (Section 30.02, Penal Code) if the premises burglarized was a habitation and the offense was committed with the intent to commit indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping with sexual intent; and
- an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.
2. Prohibited Sexual Conduct (Incest) (Section 25.02, Penal Code);
3. Compelling Prostitution of a Minor (Section 43.05(a)(2), Penal Code);
4. Possession or Promotion of Child Pornography (Section 43.26, Penal Code);
5. Indecency with a Child by Exposure (Section 21.11(a)(2), Penal Code), if before or after being convicted or adjudicated for this offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration; and
6. Unlawful Restraint (Section 20.02, Penal Code), Kidnapping (Section 20.03, Penal Code), or Aggravated Kidnapping (Section 20.04, Penal Code) or an attempt, conspiracy, or solicitation to commit one of these offenses if the judgment in the case contains an affirmative finding that the victim or intended victim was younger than 17 years of age and, if before or after the person is convicted or adjudicated for one of these offenses, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration.
Adult sex offenders will register for 10 years following discharge from state supervision for any offense that does not require lifetime registration (i.e. attempted sexual assault and second indecent exposure).
Juvenile sex offenders, those who register on the basis of an adjudication of delinquent conduct, register until the 10th anniversary of the date on which the disposition in their case was made or the juvenile completes the terms of the disposition, whichever date is later.
The penalties for any sexual offense are severe. If you or someone you love is in need of the services of a Houston Sexual Assault Attorney call Texas Board Certified Houston criminal defense attorney Mario Madrid at 713-877-9400.