Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Finally, officials should distribute additional public notices for offenders who are deemed particularly
dangerous. Under Texas law, all registered sex offenders receive one of three risk assessments based on
their dangerousness: Level 1 (low-risk), Level 2 (moderate-risk), or Level 3 (high-risk). Offenders with
risk level 3—meaning they pose a serious risk to the community and will continue to engage in criminal
sexual conduct—require additional public notice. For those offenders, local law enforcement are directed
to distribute written notices in English and Spanish to all nearby addresses (within one-mile in rural
communities, and within 3 blocks in urban communities). In this situation, local law enforcement might also
choose to notify the community by publishing a notice in a newspaper or other periodical, on a website, or
another method.
Verification
“Verification” refers to a sex offender’s requirement to check in with authorities periodically in order to keep
track of the offender and to keep the offender’s information up to date. The exact verification requirements
for an offender depend largely on the type of crime he or she committed.
Some of the reportable offenses listed previously are considered “sexually violent offenses.” Under Tex.
Code Crim. Proc. § 62.058, offenders who committed sexually violent offenses must report to their local
law enforcement agencies once per year for their lifetimes. That is stricter than offenders who commit other
crimes, whose annual reporting is not a lifetime requirement. If a sexually violent offender fails to make an
annual report, his or her reporting requirement enhances from annual reports to every 90 days. The sexually
violent offenses are as follows:
• Sexual assault (only if offender was older than 17) (Tex. Penal Code § 22.011)
• Aggravated sexual assault (only if offender was older than 17) (Tex. Penal Code § 22.021)
• Continuous sexual abuse of a young child or children (only if offender was older than 17) (Tex.
Penal Code § 21.02)
• Indecency with a child (only if offender was older than 17 and the offense involved sexual contact)
(Tex. Penal Code § 21.11(a)(1)
• Sexual performance by a child (Tex. Penal Code § 43.25)
• Aggravated kidnapping (only with intent to abuse the victim sexually) (Tex. Penal Code §
20.04(a)(4))
• Burglary (only if involving breaking into a habitation with intent to commit sexual assault,
aggravated sexual assault, continuous sexual abuse of a child, indecency with a child, or aggravated
kidnapping with intent to abuse the victim sexually) (Tex. Penal Code § 30.02(d))
• Any offense in another state or country, under federal law, or under the Uniform Code of Military
Justice having elements substantially similar to the elements of any offense listed above
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