Tex. Code of Crim. Proc. Article 62.001
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) (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) (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) (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) (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) (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 (Preparatory Offenses), 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) (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) (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) (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 (Registration of Certain Workers or Students)(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 (Centralized Registration Authority).

(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.
Amended by:
Acts 2005, 79th Leg., Ch. 1273 (H.B. 2228), Sec. 2, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.22(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.22(b), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.23, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 3.002(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 3.002(b), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 566 (S.B. 2048), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 755 (S.B. 689), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.10, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(4), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 233 (H.B. 530), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 13, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 15, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.03, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.13, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 36, eff. September 1, 2021.

Source: Article 62.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­62.­htm#62.­001 (accessed Mar. 16, 2024).

62.001
Definitions
62.002
Applicability of Chapter
62.003
Determination Regarding Substantially Similar Elements of Offense
62.004
Determination Regarding Primary Registration Authority
62.005
Central Database
62.006
Information Provided to Peace Officer on Request
62.007
Risk Assessment Review Committee
62.008
General Immunity
62.009
Immunity for Release of Public Information
62.010
Rulemaking Authority
62.0045
Centralized Registration Authority
62.051
Registration: General
62.052
Registration: Extrajurisdictional Registrants
62.053
Prerelease Notification
62.054
Circumstances Requiring Notice to Superintendent or School Administrator
62.055
Change of Address
62.056
Additional Public Notice for Certain Offenders
62.057
Status Report by Supervising Officer or Local Law Enforcement Authority
62.058
Law Enforcement Verification of Registration Information
62.059
Registration of Persons Regularly Visiting Location
62.060
Requirements Relating to Driver’s License or Personal Identification Certificate
62.0061
Request for Online Identifiers by Social Networking Sites
62.061
Dna Specimen
62.062
Limitation on Newspaper Publication
62.063
Prohibited Employment
62.064
Prohibited Location of Residence
62.065
Entry onto School Premises
62.101
Expiration of Duty to Register
62.102
Failure to Comply with Registration Requirements
62.151
Definitions
62.152
Registration of Certain Workers or Students
62.153
Registration of Workers or Students at Institutions of Higher Education
62.201
Additional Public Notice for Individuals Subject to Civil Commitment
62.202
Verification of Individuals Subject to Commitment
62.203
Failure to Comply: Individuals Subject to Commitment
62.251
Removing Registration Information When Duty to Register Expires
62.301
Exemption from Registration for Certain Young Adult Sex Offenders
62.351
Motion and Hearing Generally
62.352
Order Generally
62.353
Motion, Hearing, and Order Concerning Person Already Registered
62.354
Motion, Hearing, and Order Concerning Person Required to Register Because of Out-of-state Adjudication
62.355
Waiver of Hearing
62.356
Effect of Certain Orders
62.357
Appeal of Certain Orders
62.401
Definition
62.402
Determination of Minimum Required Registration Period
62.403
Individual Risk Assessment
62.404
Motion for Early Termination
62.405
Hearing on Petition
62.406
Costs of Individual Risk Assessment and of Court
62.407
Effect of Order Granting Early Termination
62.408
Nonapplicability
62.0551
Change in Online Identifiers
62.2021
Requirements Relating to Driver’s License or Personal Identification Certificate: Individuals Residing at Civil Commitment Center

Accessed:
Mar. 16, 2024

Art. 62.001’s source at texas​.gov