Intuitive Counsel.
Intelligent Criminal Defense.Incredible Results.

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 312-847-4810  today for a free and confidential consultation.

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):

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:

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.

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.

Request A Free Consultation

Client Testimonials

Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldn’t be happier if you find yourself needing a lawyer I would definitely come back to them again.
Mario B.
Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. That’s what Don Flanary and his law firm associates are and more. I found the Flanary Law Firm while searching for legal help for my son. At the time my family was distraught …
Valerie S.
Without going into too much detail about what I was being accused of, my case was a life changing one. I was being accused of one of the worst things human being can be accused of. I did a ton of research on top attorneys in San Antonio and wha…
Mark G.
\\\”My fiancé and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. We interviewed with your typical overly-advertised law firms, but we didn’t feel like we were being take…
I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. His knowledge and ability within the courtroom are excellent,…
Fernando R.
If you\\\’re looking for an attorney, then look no further! Don and Amanda will fight for you and guide you through the process. Great office staff and assistants.
River City Shooters