Registered Sex Offenders: Questions & Answers

What is a Sex Offender?

A sex offender is any person who attends classes or works at ACC and who has been convicted of a sex offense, or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense, or a person released from incarceration or parole or probation supervision or custody with the department of youth services for such conviction or adjudication, or a person who has been adjudicated a sexually dangerous person or a person released from civil commitment on or after August 1, 1981.

 

Crimes that require registration:

OffensePenal CodeLevelDegree
Board/Court ordered Registration
Aggravated sexual assault 22.021 Felony 1st
Aggravated sexual assault child 22.021(a)(2)(b) Felony 1st
Aggravated sexual assault 65 years or older 22.021 (a)(2)(c) Felony 1st
Aggravated kidnapping (only with intent to violate or abuse victim sexually) 22.04 (a)(4) Felony 1st
Aggravated kidnapping with no sexual intent and victim under 17 years of age 20.04 Felony 2nd
Burglary of habitation intent other felony 30.02 (d) Felony 1st
Compelling prostitution 43.05 Felony 2nd
Indecency with child (exposure) 21.11 (a)(2) Felony 3rd
Indecency with child (contact) 21.11 (a)(1) Felony 2nd
Indecent exposure (2nd) conviction 21.08 Misdeamenor B
Kidnapping (victim under 17 years old) 20.03 Felony 3rd
Possession of child pornography 43.26 (a) Felony 3rd
Possession promotion of child pornography 43.25 (e) Felony 2nd
Prohibited sexual conduct (incest) 25.02 Felony 3rd
Sexual assault 22.011 (a)(1) Felony 2nd
Sexual assault child 22.011 (a)(2) Felony 2nd
Sexual performance child employed to induce/authorize 43.25 (b) Felony 2nd
Sexual performance dhild to produce/direct/promote 43.25 (d) Felony 3rd
Unlawful restraint victim under 17 years of age 20.02 (c)(1) Felony State
Unlawful restraint exposes victim under 17 years of age to serious bodily injury 20.02 (c)(2) Felony 3rd

 

What are Risk Levels and how are they assigned?

The Risk Assessment Review Committee, as established by the Texas Department of Criminal Justice is responsible for developing or selecting a sex offender screening tool to be used in determining the level of risk of a person subject to sex offender registration. The Texas Department of Criminal Justice, the Texas Youth Commission, or a court determines the person's level of risk to the community using the sex offender screening tool developed or selected by the Committee. The screening tool works similar to an insurance actuarial table. It cannot determine whether a particular offender will re-offend. It only indicates that a person with these characteristics has a higher probability of re-offending.

Each person released from a penal institution, or placed on community supervision or juvenile probation on or after January 1, 2000, and for whom sex offender registration is required, will be assigned a Risk Level.

Risk levels are classified by the following:

  • Civil Commitment
  • High Risk (Level 3)
  • Moderate Risk (Level 2)
  • Low Risk (Level 1)

Note: Not all registered sex offenders are required to have a risk assessment under current Texas law. The term "Not Available" indicates the offender is not required to have a risk assessment or the offender's risk assessment has not been reported to the Department of Public Safety.

What is a Civil Commitment Sex Offender?

3. What is a Civil Commitment Sex Offender? Civil commitment offenders are repeat sexually violent offenders who suffer from a behavioral abnormality which makes the person likely to engage in a predatory act of sexual violence. These offenders are committed for outpatient treatment and supervision. These offenders are monitored closely by the law enforcement community 24 hours a day.

What is a Level 3 Sex Offender?

High (Level 3): a designated range of points on the sex offender screening tool indicating that the person poses a serious danger to the community and will continue to engage in criminal sexual conduct.

What is a Level 2 Sex Offender?

Moderate (Level 2): a designated range of points on the sex offender screening tool indicating a moderate danger to the community and may continue to engage in criminal sexual conduct.

What is a Level 1 Sex Offender?

Low (Level 1): a designated range of points on the sex offender screening tool indicating that the person poses a low danger to the community and will not likely engage in criminal sexual conduct.

Do you only register a person with a Texas record as a sexual predator?

No. The law allows the courts to issue a sexual predator finding if the subject has been convicted of a similar crime in another jurisdiction. Sex offenders moving to Texas from other states are also required to register in Texas as sex offenders.

For how long must an offender register?

Sex offenders who have been designated a sexual predator, a sexually violent offender or a predicate sex offender remains on the Sex Offender Registry for life. All other sex offenders must register for a period of ten years. However, offenders whose risk level status was a Level 3 risk on March 11, 2002 must also register for life unless judicially relieved of that obligation.

Can I obtain more information on the sex offender or the offense?

All information available to the public can be obtained through visiting the web site. By law, the Crime Records Service cannot release any additional information. All "public information" on registered sex offenders can be found on the DPS sponsored sex offender registration web site.

Can I download the list of sexual predators and/or offenders from the Internet?

Yes. You can either print a copy of an individual predator/offenders flyer or a list of names of registered predators/offenders off the Internet.

What should I do if I believe there is an error on this or any offender reported in the Sex Offender Registration database?

The records maintained in the Sex Offender Registration database are those reported from the local law enforcement community. The Crime Records Service cannot amend registration/update information without the receipt of update information submitted by the local law enforcement agency in which the offender resides. Please report the incorrect information to the verification agency listed in the sex offender record.

There is a sexual predator/offender in our area that, I believe, is still coming in contact with children. What should I do?

If you have reason to believe that the subject is having improper/illegal contact with children, you should notify your local law enforcement agency of your suspicion immediately.

Where can I find the law which governs the Sex Offender Registration Program?

Chapter 62 (Sex Offender Registration Program), of the Texas Code of Criminal Procedure is the Texas law which governs the Sex Offender Registration Program. Any local library should have reference materials available to research the law or you may provide a written request to the Crime Records Service for a copy of the legislation.

Who should I contact with any other questions regarding the Sex Offender Registration Program or its Web site?

You may E-mail any additional Sex Offender Registration questions or you may write:

Sex Offender Registration
Crime Records Service
Texas Department of Public Safety
PO Box 4143
Austin, Texas 78765-4143

I am a convicted sex offender. Will my picture be on the Internet?

If you have been convicted of a sex offense, and are under the control, custody, or supervision of the Texas Department of Public Safety (DPS) on or after October 1, 1997, or are released from the sanction of the court or control, custody or supervision of DPS on or after October 1, 1997, then you will be posted on the Internet. Likewise, if you have been found by the court to be a sexual predator, we are required by law to put you on the Internet.

I am designated as a sexual predator/offender. Where do I go to register?

If you are under the control of or supervision of the Texas Department of Public Safety (DPS), you must provide registration information to DPS. You are also required to provide District Police or Campus Security with the following information, if you are enrolled, employed, or carrying on a vocation at an institution of higher education in Texas, along with any change to this information, within 48 hours of such change:

  • Name, address, and county of each institution;
  • Each campus attended;
  • Enrollment and employment status; and
  • Each change in enrollment or employment status, including a change in location of either.
  • Any other information the Department requires.

If you are not under the control or supervision of DPS, then you must initially register in person with the sheriff in the county of your temporary or permanent residence(s). Registration must be within 48 hours after establishing your temporary or permanent residence(s). You also must secure a driver license or Texas identification card from the Department of Public Safety (DPS). Within 48 hours of any change in temporary or permanent address, you must report, in person, to DPS. You must also report in person to DPS to renew your driver license or Texas identification card. You are also required to provide the following information to sheriff of the county in which the institution is located, if you are enrolled, employed, or carrying on a vocation at an institution of higher education in Texas, along with any change to this information, within 48 hours of such change:

  • Name, address, and county of each institution;
  • Each campus attended;
  • Enrollment and employment status; and
  • Each change in enrollment or employment status, including a change in location of either.

What can happen to an offender if he/she fails to comply with the Sex Offender Registration and Community Notification Act?

Sex offenders may be prosecuted for violating the law if they knowingly fail to register, fail to verify registration information, fail to provide notice of change of address or place of employment, or if he/she provides false information.