Tex. Code Crim. Proc. art. 62.001 : CODE OF CRIMINAL PROCEDURE — CODE OF CRIMINAL PROCEDURE — SEX OFFENDER REGISTRATION PROGRAM — GENERAL PROVISIONS — Definitions

In this chapter:

(1) "Department" means the Department of Public Safety.

(2) "Local law enforcement authority" means, as applicable, the office of the chief of police of a municipality, the office of the sheriff of a county in this state, or a centralized registration authority.

(3) "Penal institution" means a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice, a confinement facility operated by or under contract with the Texas Juvenile Justice Department, or a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department, or a county jail.

(4) "Released" means discharged, paroled, placed in a nonsecure community program for juvenile offenders, or placed on juvenile probation, community supervision, or mandatory supervision.

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.02 (Continuous sexual abuse of young child or disabled individual), 21.09 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated promotion of prostitution), 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(B-1) a violation of Section 43.021 (Solicitation of Prostitution), Penal Code, if the offense is punishable as a felony of the second degree;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02(Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age;

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), (G), (J), (K), or (L), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication;

(J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code;

(K) a violation of Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons), Penal Code; or

(L) a violation of Section 20A.03 (Continuous trafficking of persons), Penal Code, if the offense is based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code.

(6) "Sexually violent offense" means any of the following offenses committed by a person 17 years of age or older:

(A) an offense under Section 21.02 (Continuous sexual abuse of young child or disabled individual), 21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or 22.021 (Aggravated sexual assault), Penal Code;

(B) an offense under Section 43.25 (Sexual performance by a child), Penal Code;

(C) an offense under Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) an offense under Section 30.02(Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C) of Subdivision (5); or

(E) 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 an offense listed under Paragraph (A), (B), (C), or (D).

(7) "Residence" includes a residence established in this state by a person described by Article 62.152(e).

(8) "Public or private institution of higher education" includes a college, university, community college, or technical or trade institute.

(9) "Authority for campus security" means the authority with primary law enforcement jurisdiction over property under the control of a public or private institution of higher education, other than a local law enforcement authority.

(10) "Extrajurisdictional registrant" means a person who:

(A) is required to register as a sex offender under:

(i) the laws of another state with which the department has entered into a reciprocal registration agreement;

(ii) federal law or the Uniform Code of Military Justice; or

(iii) the laws of a foreign country; and

(B) is not otherwise required to register under this chapter because:

(i) the person does not have a reportable conviction for an offense under the laws of the other state, federal law, the laws of the foreign country, or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense requiring registration under this chapter; or

(ii) the person does not have a reportable adjudication of delinquent conduct based on a violation of an offense under the laws of the other state, federal law, or the laws of the foreign country containing elements that are substantially similar to the elements of an offense requiring registration under this chapter.

(11) "Centralized registration authority" means a mandatory countywide registration location designated under Article 62.0045.

(12) "Online identifier" means electronic mail address information or a name used by a person when sending or receiving an instant message, social networking communication, or similar Internet communication or when participating in an Internet chat. The term includes an assumed name, nickname, pseudonym, moniker, or user name established by a person for use in connection with an electronic mail address, chat or instant chat room platform, commercial social networking site, or online picture-sharing service.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.

Tex. Code Crim. Proc. § 62.001

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 807,Sec. 36, eff. 9/1/2021.

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 221,Sec. 2.13, eff. 9/1/2021.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 413,Sec. 2.03, eff. 9/1/2019.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 273,Sec. 1, eff. 9/1/2019.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 739,Sec. 5, eff. 9/1/2017.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 15, eff. 9/1/2017.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 734,Sec. 13, eff. 9/1/2015.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 332,Sec. 5, eff. 9/1/2015.

Amended by Acts 2011, 82nd Leg., R.S., Ch. 1, Sec. 2.10, eff. 9/1/2011.

Amended by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.001(4), eff. 9/1/2011.

Amended by Acts 2011, 82nd Leg., R.S., Ch. 233, Sec. 1, eff. 6/17/2011.

Amended by Acts 2009, 81st Leg., R.S., Ch. 755, Sec. 2, eff. 9/1/2009.

Amended by Acts 2009, 81st Leg., R.S., Ch. 566, Sec. 1, eff. 6/19/2009.

Amended by Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.22(a), eff. 9/1/2007.

Amended by Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.22(b), eff. 9/1/2007.

Amended by Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.23, eff. 9/1/2007.

Amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 3.002(a), eff. 9/1/2007.

Amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 3.002(b), eff. 9/1/2007.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. 9/1/2005.

Amended by Acts 2005, 79th Leg., Ch. 1273, Sec. 2, eff. 6/18/2005.