Texas's Non-Sex Sex Registration Offenses

 Posted on July 16,2010 in Uncategorized

I started writing the list that follows just to wrap my head around the array of offenses that can result in sex offender registration in Texas (with more coming every legislative session). While I was writing it, though, (11)-(13) jumped out at me: unlawful restraint, kidnapping, and aggravated kidnapping are sex-offender-registration offenses if they are committed (and if the judge makes an affirmative finding that they were committed) against children under 17.

Unlawful restraint, kidnapping, and aggravated kidnapping are not necessarily sex-related offenses. Yet committing any these offenses against a child triggers registration as a sex offender. For example, a divorced dad who keeps his thirteen-year-old child without mom's consent outside his visitation period might be committing felony unlawful restraint; if he hides the child, he might be committing felony kidnapping. Either way, the dad who is convicted or takes deferred adjudication probation faces at least ten years of sex-offender registration.

Does anyone even read Texas statutes before they become law?

Convictions or adjudications (including adjudications for delinquent conduct deferred adjudications) for the following offenses require sex-offender registration under Texas law.

1. Continuous sexual abuse of young child or children;

2. Indecency with a child;

3. Sexual assault;

4. Aggravated sexual assault;

5. Prohibited sexual conduct;

6. Compelling prostitution;

7. Sexual performance by a child;

8. Possession or promotion of child pornography;

9. Aggravated kidnapping, if committed with the intent to violate or abuse the victim sexually;

10. Burglary of a habitation with intent to commit:

11. Indecency with a child;

12. Sexual assault;

13. Aggravated sexual assault;

14. Prohibited sexual conduct;

15. Aggravated kidnapping, if committed with the intent to violate or abuse the victim sexually;

16. Unlawful restraint, if the case contains an affirmative finding that the victim or intended victim was under 17, or the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was under 17;

17. Kidnapping, if the case contains an affirmative finding that the victim or intended victim was under 17, or the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was under 17;

18. Aggravated kidnapping, if the case contains an affirmative finding that the victim or intended victim was under 17, or the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was under 17;

19. The second violation of indecent exposure, but not if the second violation results in a deferred adjudication;

20. An attempt, conspiracy, or solicitation to commit an offense listed in (1)-(13), above;

21. A violation of the laws of another jurisdiction based on the violation of an offense containing elements substantially similar to those of an offense listed in (1)-(13), (15), and (17), but not if the violation results in a deferred adjudication;

22. The second violation of the laws of another jurisdiction based on the violation of an offense containing elements substantially similar to those of indecent exposure, but not if the second violation results in a deferred adjudication; or

23. Online solicitation of a minor.