Code of Criminal Procedure Chapter 62: Sex Offender Registration

Texas Chapter 62 sex offender registration is governed by Chapter 62 of the Texas Code of Criminal Procedure, which sets out who must register, what information they must provide, how often they must appear in person to verify it, how long the duty lasts, and what happens if they fall out of compliance. The duty runs either ten years or for life depending on the offense, and any failure to comply is a felony.

Who Has to Register in Texas

Article 62.001 defines a “reportable conviction or adjudication,” which is the statutory trigger for the registry. The definition covers completed convictions, deferred adjudications, and juvenile adjudications of delinquent conduct, and it applies whether or not an appeal is pending.¹

Some offenses require registration on their own, with no additional finding by the court:

Sexual assault (Penal Code Section 22.011) and aggravated sexual assault (Section 22.021)
Indecency with a child (Section 21.11)
Continuous sexual abuse of a young child or disabled individual (Section 21.02)
Prohibited sexual conduct (Section 25.02)
Compelling prostitution (Section 43.05) and aggravated promotion of prostitution (Section 43.04)
Sexual performance by a child (Section 43.25) and possession or promotion of child pornography (Section 43.26)
Bestiality (Section 21.09)

Other offenses reach the registry only with an extra factual finding. Unlawful restraint, kidnapping, and aggravated kidnapping under Sections 20.02, 20.03, and 20.04 trigger registration if the judgment contains an affirmative finding of sexual motivation or if the victim or intended victim was younger than 17.¹ Aggravated kidnapping under Section 20.04(a)(4) also qualifies when the actor intended to sexually violate or abuse the victim. Burglary under Section 30.02 qualifies only when it is punishable as a first-degree felony and was committed with intent to commit a qualifying sex offense. A second-degree felony solicitation of prostitution under Section 43.021 is reportable, and certain human trafficking offenses under Sections 20A.02 and 20A.03 are as well.

The list reaches offenses that do not have “sex” in the name.

What Information You Have to Provide

Article 62.051 sets out what law enforcement collects at registration, and the detail is extensive: full name, every alias, date of birth, sex, race, height, weight, eye color, hair color, shoe size, social security number, and driver’s license number, along with a recent color photograph and a complete set of fingerprints.² The form also captures home, work, and cellular telephone numbers.

You must give your residence address or, if you have no fixed address, a detailed description of each place you live. You must disclose whether you are employed or attending a public or private institution of higher education, with the employer or school’s name and address.² Every online identifier you use, including email addresses and social media usernames, goes on the form. For certain human trafficking convictions, vehicle information is also collected, including make, model, VIN, color, and license plate number. The form records the type of offense, victim’s age, date of conviction, and whether the person is on parole, community supervision, or mandatory supervision.

How Often You Have to Verify

Article 62.058 sets the schedule for in-person verification. Most registrants report once a year, within a window that runs from 30 days before to 30 days after the anniversary of their date of birth.³ A person who has been convicted of or received deferred adjudication for a sexually violent offense two or more times must verify at least once every 90-day period, measured from the date they first registered.

The purpose of the check-in is to confirm the file is still accurate, even if nothing has changed. You appear in person at the local law enforcement authority designated as your primary registration authority by the Department of Public Safety. There is no online or mail-in option.

How Long the Duty Lasts

Article 62.101 divides registrants into two groups: those who register for ten years and those who register for life.

Lifetime Registration

The duty runs until death for any person with a reportable conviction or adjudication (other than a juvenile adjudication of delinquent conduct) for a sexually violent offense or for certain listed crimes, including offenses under Penal Code Sections 25.02, 43.05(a)(2) or (3), and 43.26, and qualifying human trafficking offenses.⁴ Kidnapping and unlawful restraint offenses with a victim younger than 17 also carry a lifetime obligation, as do certain child pornography offenses punishable at elevated felony levels. Multiple reportable convictions default to the lifetime requirement.

Ten-Year Registration

For other reportable offenses, the duty expires on the tenth anniversary of the latest of three dates: the date the court dismisses the criminal proceedings and discharges the person, the date the person is released from a penal institution, or the date the person completes community supervision.⁴ For juvenile adjudications, the clock starts from the date of the disposition or the date the person completes its terms, whichever is later. The “latest of” language keeps the clock from running during incarceration or supervision.

Reporting a Move

Article 62.055 requires two in-person appearances around any change of address, and the first one has to happen before you move. You must report in person to your primary registration authority at least seven days before the intended move, giving the anticipated date and the new address.⁵ After the move, you must appear in person at the local law enforcement authority in the new municipality or county within seven days of the actual address change, bringing proof of identity and proof of residence.

Advance notice is not optional, and none of it can be handled by phone, online, or through a third party. Each appearance involves signing updated registration forms certifying the accuracy of the new information.⁵ A registrant moving to another state must report the intended move to the Texas registration authority before leaving. A registrant with no physical address must still provide a detailed description of where they reside.

What the Public Can See

The Department of Public Safety keeps a centralized, computerized database, and most of it is public. Under Article 62.005, anyone can look up a registrant’s name, photograph, physical description, offense of conviction, and risk level, and the department must post and annually update the driver’s license or personal identification photograph.⁶

Several categories are kept confidential:

Social security numbers and driver’s license numbers
Home, work, and cellular telephone numbers
Online identifiers and employer names, addresses, and phone numbers
Any information that would identify the victim

Local law enforcement must release the public portion to anyone who requests it and may charge a fee to cover administrative costs.⁶

Penalties for Failing to Comply

Article 62.102 makes any failure to comply with Chapter 62 a criminal offense. That covers missing a verification check-in, not reporting an address change, providing false information, or failing to register in the first place. The felony level scales with the underlying registration obligation:

State jail felony (180 days to 2 years in a state jail facility) for a person whose duty is set to expire after ten years under Article 62.101(b) or (c).⁷
Third-degree felony (2 to 10 years in prison) for a person with a lifetime duty who verifies annually.
Second-degree felony (2 to 20 years in prison) for a person with a lifetime duty on the 90-day verification cycle.⁷

A prior conviction for failure to comply bumps the offense up to the next highest felony category. The same enhancement applies if the person used fraudulent identifying information during the violation. A second failure-to-comply charge can push the offense into first-degree felony territory.

Federal Exposure

Separate federal charges are available under 18 U.S.C. Section 2250. A person required to register under the federal Sex Offender Registration and Notification Act who knowingly fails to register or update a registration faces up to 10 years in federal prison.⁸ If the person also commits a violent federal crime, the sentence carries a mandatory minimum of 5 years and a maximum of 30 years, served consecutively to the underlying sentence. Federal cases most often arise when a registrant crosses state lines or international borders without updating.

Getting Off the Registry Early

Subchapter I of Chapter 62 opens a path to early termination for some registrants, but it is not automatic. Under Article 62.404, a person may file a motion for early termination with the trial court that originally sentenced them, but only after obtaining an individual risk assessment through the Council on Sex Offender Treatment (now part of the Texas Behavioral Health Executive Council).⁹

The motion must include a written explanation of how the underlying conviction qualifies under the list of eligible offenses, together with a certified copy of the risk assessment report. Not every offense qualifies; the Council publishes the list of eligible offenses under Article 62.402, and people with lifetime obligations for sexually violent offenses are generally excluded. Even when a motion is properly filed, the trial court retains discretion to grant or deny it based on the risk assessment and other relevant factors.

Traveling Outside the United States

International travel triggers a separate federal notice rule. Under International Megan’s Law, a registrant who plans to travel outside the United States must notify their local registration agency at least 21 days before departure and provide the itinerary and intended destinations.¹⁰ Failing to give that notice is a federal crime under 18 U.S.C. Section 2250, punishable by up to 10 years in prison.⁸ The U.S. Marshals Service may notify the destination country through the Angel Watch Center, and the registrant’s passport will carry a unique identifier indicating their status.

One boundary worth naming: SORNA’s three-tier federal system, with its own 15-year, 25-year, and lifetime schedules, does not replace Chapter 62 in Texas. Texas has not been found substantially compliant with SORNA, so the state’s Chapter 62 requirements control for anyone registering in Texas. The federal tiers matter mainly when a registrant moves between states or when federal charges are on the table.

1
State of Texas. Texas Code of Criminal Procedure Article 62.001 – Definitions
2
State of Texas. Texas Code of Criminal Procedure Article 62.051 – Registration General
3
State of Texas. Texas Code of Criminal Procedure Article 62.058 – Law Enforcement Verification of Registration Information
4
State of Texas. Texas Code of Criminal Procedure Article 62.101 – Expiration of Duty to Register
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State of Texas. Texas Code of Criminal Procedure Article 62.055 – Change of Address Lack of Address
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State of Texas. Texas Code of Criminal Procedure Article 62.005 – Central Database Public Information
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State of Texas. Texas Code of Criminal Procedure Article 62.102 – Failure to Comply With Registration Requirements
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Office of the Law Revision Counsel. 18 USC 2250 – Failure to Register
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State of Texas. Texas Code of Criminal Procedure Article 62.404 – Motion for Early Termination
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SMART. International Megans Law SORNA Statute in Review