Tex.
Code of Crim. Proc. Article 42A.454
Certain Internet Activity Prohibited
(a)
This article applies only to a defendant who is required to register as a sex offender under Chapter 62 (Sex Offender Registration Program), by court order or otherwise, and:(1)
is convicted of or receives a grant of deferred adjudication community supervision for a violation of Section 21.11 (Indecency with a Child), 22.011 (Sexual Assault)(a)(2), 22.021 (Aggravated Sexual Assault)(a)(1)(B), 33.021 (Online Solicitation of a Minor), or 43.25 (Sexual Performance by a Child), Penal Code;(2)
used the Internet or any other type of electronic device used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62 (Sex Offender Registration Program); or(3)
is assigned a numeric risk level of two or three based on an assessment conducted under Article 62.007 (Risk Assessment Review Committee; Sex Offender Screening Tool).(b)
If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall:(1)
prohibit the defendant from using the Internet to:(A)
access material that is obscene, as defined by Section 43.21 (Definitions), Penal Code;(B)
access a commercial social networking site, as defined by Article 62.0061 (Request for Online Identifiers by Social Networking Sites)(f);(C)
communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or(D)
communicate with another individual the defendant knows is younger than 17 years of age; and(2)
to ensure the defendant’s compliance with Subdivision (1), require the defendant to submit to regular inspection or monitoring of each electronic device used by the defendant to access the Internet.(c)
The court may modify at any time the condition described by Subsection (b)(1)(D) if:(1)
the condition interferes with the defendant’s ability to attend school or become or remain employed and consequently constitutes an undue hardship for the defendant; or(2)
the defendant is the parent or guardian of an individual who is younger than 17 years of age and the defendant is not otherwise prohibited from communicating with that individual.
Source:
Article 42A.454 — Certain Internet Activity Prohibited, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.454 (accessed Jun. 5, 2024).
