Sex offender registration is one of the most consequential collateral penalties in Texas criminal law. Understanding which convictions trigger registration (and how long you must register) is critical for anyone facing charges or already registered.
What Counts as a "Reportable Conviction or Adjudication"?
Chapter 62 applies to "reportable convictions or adjudications." Under Texas Code of Criminal Procedure Article 62.001(5), this includes convictions, deferred adjudications, and juvenile adjudications of delinquent conduct for specific offenses. Critically, registration requirements apply regardless of whether an appeal is pending or whether a conviction is ultimately reduced. The obligation to register attaches at the moment of conviction or adjudication.
Key Point: Deferred Adjudication Still Triggers Registration
One of the most misunderstood aspects of Texas registration law: a deferred adjudication does not result in a conviction on your criminal record, but it absolutely still triggers sex offender registration. Many defendants accept a deferred adjudication believing it avoids registration, but this is a dangerous misconception. Even if you successfully complete probation and receive a discharge and dismissal under Texas Code of Criminal Procedure Article 45.0021 (or 77.0012 for felonies), you were still required to register during probation, and you may have continuing registration obligations depending on the offense.
Lifetime Registration Offenses
Sexually Violent Offenses
Texas Code of Criminal Procedure Article 62.001(6) defines "sexually violent offenses" as crimes involving sexual abuse, and Article 62.101(a) mandates lifetime registration for persons who committed one of these offenses when they were 17 years of age or older. Sexually violent offenses requiring lifetime registration include:
- Continuous sexual abuse of young child or disabled individual — Texas Penal Code § 21.02. This felony involves repeated sexual abuse of a victim under 18 or disabled, committed on at least two occasions within any 12-month period.
- Indecency with a child by contact — Texas Penal Code § 21.11(a)(1). Sexual contact with a child 17 or younger when the defendant knows it will cause offense or arousal.
- Sexual assault — Texas Penal Code § 22.011. Intentional sexual penetration or oral-genital contact without consent or with a victim under 14.
- Aggravated sexual assault — Texas Penal Code § 22.021. Sexual assault that causes serious bodily injury or is committed with a weapon, threat, or multiple assailants.
- Sexual performance by a child — Texas Penal Code § 43.25. Knowingly employing, inducing, or causing a child to engage in sexual performance with intent to arouse or gratify.
- Aggravated kidnapping with intent to sexually violate or abuse — Texas Penal Code § 20.04(a)(4). Unlawfully restraining another with intent to sexually violate or abuse, or with knowledge it will facilitate such conduct.
- Burglary with intent to commit a sexually violent offense — Texas Penal Code § 30.02(d). Entering a building with intent to commit any offense listed above.
- Out-of-state, federal, or military offenses with substantially similar elements to any of the above, under Texas Code of Criminal Procedure Article 62.001(5)(H).
Other Lifetime Reportable Offenses
In addition to sexually violent offenses, Texas Code of Criminal Procedure Article 62.101(a) mandates lifetime registration for these offenses:
- Trafficking of persons (sexual) — Texas Penal Code § 20A.02(a)(3), (4), (7), or (8). Trafficking another person knowing they will engage in sexual conduct, or compelling sexual conduct by force, fraud, or coercion.
- Prohibited sexual conduct (incest) — Texas Penal Code § 25.02. Sexual intercourse between relatives within the prohibited degree.
- Compelling prostitution of a minor or disabled person — Texas Penal Code § 43.05(a)(2) or (3). Forcing or inducing a minor or disabled person into prostitution.
- Child pornography — Texas Penal Code § 43.26. Production, distribution, or knowing possession of visual material depicting a minor in sexually explicit conduct.
- Continuous trafficking of persons — Texas Penal Code § 20A.03. Trafficking multiple persons within any 12-month period.
- Indecency with a child by exposure — Texas Penal Code § 21.11(a)(2). Exposing one's genitals with intent to arouse or gratify, knowing it will offend or cause alarm to a child 18 or younger. This triggers lifetime registration only if the person also has another reportable conviction.
- Unlawful restraint, kidnapping, or aggravated kidnapping of a victim under 17 — Texas Penal Code §§ 20.02, 20.03, 20.04. These trigger lifetime registration when coupled with another reportable conviction.
- Obscenity — Texas Penal Code § 43.23(h). Distributing obscene material involving minors.
Ten-Year Registration Offenses
Not all reportable offenses trigger lifetime registration. Texas Code of Criminal Procedure Article 62.101(b) and (c) establish a second tier of offenses requiring 10 years of registration:
- Indecency with a child by exposure — Texas Penal Code § 21.11(a)(2), when no prior reportable conviction exists. (This is lifetime registration only with a second reportable conviction.)
- Compelling prostitution — Texas Penal Code § 43.05(a)(1). Compelling prostitution by force, fraud, or coercion where the victim is not a minor or disabled person.
- Solicitation of prostitution (felony) — Texas Penal Code § 43.021(b). A second or subsequent conviction for soliciting prostitution, charged as a felony.
- Aggravated promotion of prostitution — Texas Penal Code § 43.04. Promoting prostitution knowing it involves a minor or disabled person, or using force, fraud, or coercion.
- Unlawful restraint, kidnapping, or aggravated kidnapping with affirmative finding of victim under 17 — Texas Penal Code §§ 20.02, 20.03, 20.04, when the court makes an affirmative finding under Texas Code of Criminal Procedure Article 42.015 that the victim was under 17 at the time of offense.
- Second conviction for indecent exposure — Texas Penal Code § 21.08, provided the conviction was not deferred (and was obtained after January 1, 2006).
- Attempt, conspiracy, or solicitation of qualifying offenses — Texas Code of Criminal Procedure Article 62.001(5)(G). These inchoate crimes trigger registration at the same level as the target offense.
- Out-of-state, federal, or military offenses with substantially similar elements to the above, under Article 62.001(5)(H).
- Second out-of-state indecent exposure equivalent — Article 62.001(5)(I). A second conviction under out-of-state law for an offense similar to indecent exposure.
- Online solicitation of a minor — Texas Penal Code § 33.021. Soliciting a minor online for sexual conduct or child pornography.
- Juvenile offenses transferred to adult court — Texas Family Code § 54.02 adjudications, combined with Article 62.101(b), when a juvenile is tried as an adult and adjudicated of a qualifying offense.
Collateral Consequences of Registration
Sex offender registration is not merely a registration requirement, it carries a host of collateral consequences that affect nearly every aspect of life. Understanding these is critical for anyone facing charges or currently registered:
Driver's License Designation
Under Texas Transportation Code § 521.348, a person required to register must have their driver's license or identification card redesignated to indicate sex offender status. The application process and ongoing compliance requirements are detailed in Texas Code of Criminal Procedure Articles 62.060 and 62.2021. This permanent mark on identification makes registration status immediately apparent to law enforcement and others who view the document.
Family Court Custody Proceedings
A sex offense conviction can constitute a "material and substantial change of circumstances" in family court under Texas Family Code § 156.304(a). This means a conviction can be used against a parent in custody modification proceedings, potentially resulting in loss of custody or supervised visitation only. Even a single conviction can dramatically alter family law outcomes, and the collateral damage in this context is often as severe as the criminal penalty itself.
Employment Restrictions
Texas Code of Criminal Procedure Article 62.063 restricts where registered sex offenders can work. Certain employment is prohibited by statute, and private employers routinely use sex offender registry checks as grounds for non-hire or termination. Professional licenses in fields such as education, healthcare, and social services are substantially at risk.
Residence Restrictions
Texas Code of Criminal Procedure Article 62.064 establishes residence restrictions for registered offenders. Registered sex offenders are prohibited from residing within a certain distance of schools, daycare facilities, youth centers, and other locations where children congregate. These restrictions can make finding housing extremely difficult and are a constant source of violation risk during the registration period.
The Severity of Collateral Consequences
The collateral consequences of sex offender registration (housing restrictions, employment barriers, family court exposure, and public notification) are often more burdensome than the criminal sentence itself. These consequences can persist for a decade or a lifetime. If you are facing charges that could trigger registration, understanding the full scope of consequences is essential to making informed decisions about your case.
Complete Table of Offenses Requiring Registration (Sorted by Statute)
The following table lists every Texas offense that triggers sex offender registration, sorted by statute. Some offenses appear twice because the registration period changes depending on whether the person has a prior reportable conviction.
| Offense | Statute | Registration Period | Registration Authority |
|---|---|---|---|
| Unlawful restraint (victim under 17, with affirmative finding) | Tex. Penal Code § 20.02 | 10 Years | Art. 62.101(b); art. 62.001(5)(E) |
| Unlawful restraint (victim under 17) — IF person also has another reportable conviction | Tex. Penal Code § 20.02 | Lifetime | Art. 62.101(a) |
| Kidnapping (victim under 17, with affirmative finding) | Tex. Penal Code § 20.03 | 10 Years | Art. 62.101(b); art. 62.001(5)(E) |
| Kidnapping (victim under 17) — IF person also has another reportable conviction | Tex. Penal Code § 20.03 | Lifetime | Art. 62.101(a) |
| Aggravated kidnapping (victim under 17, with affirmative finding) | Tex. Penal Code § 20.04 | 10 Years | Art. 62.101(b); art. 62.001(5)(E) |
| Aggravated kidnapping (victim under 17) — IF person also has another reportable conviction | Tex. Penal Code § 20.04 | Lifetime | Art. 62.101(a) |
| Aggravated kidnapping with intent to violate or abuse victim sexually | Tex. Penal Code § 20.04(a)(4) | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Trafficking of persons (sexual) | Tex. Penal Code § 20A.02(a)(3), (4), (7), or (8) | Lifetime | Art. 62.101(a); art. 62.001(5)(K) |
| Continuous trafficking of persons (if based on sexual trafficking conduct) | Tex. Penal Code § 20A.03 | Lifetime | Art. 62.101(a); art. 62.001(5)(L) |
| Continuous sexual abuse of young child or disabled individual | Tex. Penal Code § 21.02 | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Indecent exposure (second conviction only; except if granted deferred adjudication) | Tex. Penal Code § 21.08 | 10 Years | Art. 62.101(b) |
| Indecency with a child by contact | Tex. Penal Code § 21.11(a)(1) | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Indecency with a child by exposure | Tex. Penal Code § 21.11(a)(2) | 10 Years | Art. 62.101(b); art. 62.001(5)(A) |
| Indecency with child by exposure — IF person also has another reportable conviction | Tex. Penal Code § 21.11(a)(2) | Lifetime | Art. 62.101(a) |
| Sexual assault | Tex. Penal Code § 22.011 | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Aggravated sexual assault | Tex. Penal Code § 22.021 | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Prohibited sexual conduct (incest) | Tex. Penal Code § 25.02 | Lifetime | Art. 62.101(a); art. 62.001(5)(A) |
| Burglary with intent to commit sexually violent offense under art. 62.001(5)(A) or (C) | Tex. Penal Code § 30.02(d) | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Online solicitation of a minor | Tex. Penal Code § 33.021 | 10 Years | Art. 62.101(b); art. 62.001(5)(J) |
| Aggravated promotion of prostitution | Tex. Penal Code § 43.04 | 10 Years | Art. 62.101(b); art. 62.001(5)(B) |
| Compelling prostitution | Tex. Penal Code § 43.05(a)(1) | 10 Years | Art. 62.101(b); art. 62.001(5)(B) |
| Compelling prostitution of person younger than 18 or disabled individual | Tex. Penal Code § 43.05(a)(2) or (3) | Lifetime | Art. 62.101(a) |
| Solicitation of prostitution (if punishable as second-degree felony) | Tex. Penal Code § 43.021(b) | 10 Years | Art. 62.101(b); art. 62.001(5)(B-1) |
| Obscenity (patently offensive obscene material) | Tex. Penal Code § 43.23(h) | Lifetime | Art. 62.101(a) |
| Sexual performance by a child | Tex. Penal Code § 43.25 | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Possessing or promoting child pornography | Tex. Penal Code § 43.26 | Lifetime | Art. 62.101(a); art. 62.001(5)(B) |
| Attempt, conspiracy, or solicitation to commit any offense under art. 62.001(5)(A), (B), (C)–(E), (K), or (L) | Tex. Code Crim. Proc. art. 62.001(5)(G) | 10 Years | Art. 62.101(b); art. 62.001(5)(G) |
| Juvenile offense transferred from juvenile court to district court or criminal district court | Tex. Fam. Code § 54.02 | 10 Years | Art. 62.101(b) |
| Out-of-state, federal, foreign, or military offense with substantially similar elements (sexually violent offenses) | Varies by jurisdiction | Lifetime | Art. 62.101(a); art. 62.001(6) |
| Out-of-state, federal, foreign, or military offense with substantially similar elements to offenses in art. 62.001(5)(A)–(E), (G), (J), (K), or (L) (except deferred adjudication) | Varies; art. 62.001(5)(H) | 10 Years | Art. 62.101(b); art. 62.001(5)(H) |
| Second out-of-state (or federal/foreign/military) violation substantially similar to indecent exposure (except deferred adjudication) | Varies; art. 62.001(5)(I) | 10 Years | Art. 62.101(b); art. 62.001(5)(I) |
Lifetime = Duty ends only upon death. Tex. Code Crim. Proc. art. 62.101(a).
10 Years = 10 years after disposition or discharge. Tex. Code Crim. Proc. art. 62.101(b), (c).
If you are facing charges that could trigger sex offender registration, the time to address the issue is now, before conviction. Strategic defense decisions made early in your case can sometimes avoid registration altogether or result in registration for a shorter period. Consult with an experienced criminal defense attorney who understands Texas registration law and can evaluate your specific circumstances.
