Updated on May 14, 2025
Sex crimes are obviously some of the most stigmatized and harshly penalized crimes in our nation and in the State of Texas. In fact, sex crimes are in a class of their own, and a conviction can end in being permanently listed on the sex offender registry.
Charges that are based on sexual offenses are generally more serious charges than their counterparts that are not sexually based. For example, an assault charge is serious, but a sexual assault charge carries the additional social stigma of being sexually based and can land you on the sex offender registry if you are convicted.
As such, it is important to know more about which offenses qualify as sex crimes in Texas.
If you have been accused of a sexual offense in Texas, contact a Killeen criminal defense attorney right away.
Sex Crimes in the State of Texas
In the State of Texas, there are wide-ranging charges that fall under the umbrella of sexual offenses, including the following crimes:
Improper Teacher/Student Relationship
When a teacher has sexual contact with a student (regardless of age) enrolled in the elementary or secondary school where the teacher is employed, it is called an improper teacher/student relationship, and it is a sexual offense.
Invasive Video Recording
Invasive video recording refers to either capturing or threatening to disclose photographic material that contains sexual acts or exposes intimate body parts without consent to do so by the person depicted therein.
The charge is a state jail felony, which carries up to two years in a state jail facility and fines of up to $10,000. The charge can also translate to inclusion on the sex offender registry.
Indecent Exposure
When a person exposes his or her private parts with reckless disregard for whether those present will be offended, it is the sexual offense of indecent exposure. If there are children around who could potentially witness the exposure, it can elevate the seriousness of the charge.
Examples of incidents that can be treated as indecent exposure include public urination and streaking.
Obscenity
An individual engages in obscenity when he or she participates in obscene performances or either promotes or distributes obscene material.
Possession of Child Pornography
When a person knowingly and purposefully possesses any visual representation of a minor engaging in sexual activity, it qualifies as possession of child pornography. (Related: Selfies Can Qualify as Child Pornography)
Prohibited Sexual Conduct or Incest
Prohibited sexual conduct is the act of engaging in sexual contact with a relative, ancestor, or descendant. This charge, also known as incest, applies even if the sexual contact is consensual or the relationship is adoptive.
Promoting Intimate Visual Material without Consent
Texas privacy laws protect all visual material that contains subject matter deemed “intimate,” and such materials can’t be distributed or promoted without the subject’s consent.
The unlawful disclosure of these materials – or the threat of their unlawful disclosure – via the internet, video, film, or any other online or physical medium that would allow the images to be displayed on a computer or any other video screen is a state jail felony. If convicted, registration as a sex offender is required.
Prostitution
When an individual solicits sexual conduct publicly, engages in sexual contact for a fee, or promotes these acts, it amounts to the sexual offense of prostitution. A solicitation charge can range from a Class B misdemeanor to a second-degree felony. (Related: Texas’s 2019 Online Prostitution Laws)
Public Indecency
Having sex in public can fast-track you and your partner to sex crime charges that could lead to inclusion on the sex offender registry for both of you. And this is true even if the sex is consensual and wouldn’t be against the law in the privacy of your own home.
The related charge is public indecency, which is a Class A misdemeanor that carries fines of up to $4,000 and jail time of up to a year. Other acts that can also qualify include public masturbation and the display of pornography. If a child is present, the penalties faced can be enhanced.
Sexual Assault and Aggravated Sexual Assault
Actively and intentionally engaging in sexual conduct with someone else without that person’s consent is the sexual offense of sexual assault. When the agressor inflicts or threatens bodily injury or death, the charge is elevated to aggravated sexual assault. Learn more about the charge of sexual assault by reading “Sexual Assault Awareness.”
Sexual Offenses against Minors
The age of consent in Texas is 17, which means that having sex with anyone who hasn’t turned 17 yet – even when it is consensual – is against the law, and a conviction comes with serious consequences that include the sex offender registry.
There is a wide range of charges related to sexual offenses against minors, including the following crimes:
Aggravated kidnapping with intent to sexually violate a minor
Burglary with intent to commit a sexual offense against a minor
Employment harmful to a minor under 18 years old in a sexually oriented commercial enterprise
Indecency with a minor
Sale, distribution, or display of sexually explicit material to a minor or depicting a minor
Sex trafficking or compelling prostitution of a minor
Sexual assault or aggravated sexual assault of a minor
Sexual performance by a minor under 18 years old
The Romeo and Juliet Law
The Romeo and Juliet law is an affirmative defense that can keep someone accused of having sex with a minor off the registry and could dismiss the charge altogether. To use the Romeo and Juliet defense, a defendant must meet these requirements:
The defendant was no more than three years older than the victim.
The defendant didn’t use threats or force against the victim.
The defendant wasn’t already on the registry and didn’t have a prior related conviction or adjudication at the time.
Voyeurism
Voyeurism includes what is commonly called being a Peeping Tom. In Texas, it is against the law to observe someone else for purposes of one’s own sexual gratification without their consent when they are in their own home or are anywhere else in which they have a reasonable expectation of privacy. A voyeurism conviction requires registration as a sex offender.
Your Sexual Offense Case
If you are facing sexual offense charges in Texas, it is important to know that you face serious potential consequences, including time behind bars and a requirement to remain registered as a sex offender, which has serious societal implications and could be permanent. In fact, Texas’s registry requirements can be even stricter than federal requirements.
In other words, if you have been charged with a sexual offense, it is in your best interest to retain the professional legal counsel of an experienced criminal defense lawyer sooner rather than later.
The Texas and Federal Sex Offender Registries
The Texas Sex Offender Registration Program is designed to help monitor those convicted of qualifying sex crimes in the state. The registry is managed by the Texas Department of Public Safety, and it consolidates critical data from various state sources, including local law enforcement agencies and the Texas Department of Criminal Justice. The registry aims to bolster public safety through careful tracking of those mandated to register.
While there is no federal registry, per se, each state is required to integrate its registry with the national database, which is managed by the FBI and is called the National Sex Offender Public Website.
In other words, if you’re on the Texas registry, you’re also on the federal sex offender website, which can carry a lifetime of challenges that are difficult – if not impossible – to overcome.
Texas Sex Offender Registry Requirements
If you are required to register as a sex offender in Texas, you have a week to report to local law enforcement in the town in which you intend to reside. When you register, you’ll be required to provide all the following information about yourself:
Your full name, including any aliases, names used on social media accounts, and email addresses
Your date of birth
Your sex and race
Your height, weight, eye color, and hair color
A recent photograph of yourself
Your job title and employment status
A detailed description of the charge you were convicted of
Within seven days of providing this information, you’ll need to check back in with the relevant law enforcement authority in order to provide them with proof of your identity and your residence – and to sign your registration form as a means of verifying its accuracy. The task of completing your registration requirements falls to you, and even a small error can lead to serious legal consequences.
The Levels of the Sex Offender Registry
Texas recognizes different levels of sex offenders, and the level assigned guides the restrictions that apply.
Level 1 offenders are believed to pose low risk, and they are considered unlikely to engage in criminal sexual conduct.
Level 2 offenders pose moderate risk, and the authorities believe that they may engage in criminal sexual conduct.
Level 3 offenders pose considerable risk. The authorities believe that the offenders in this category are likely to engage in criminal sexual conduct.
Some offenders are deemed sexually violent predators, and they are civilly committed while they undergo treatment for sexual offenders.
Contact an Experienced Killeen Criminal Defense Lawyer Today
If you are facing sexual offense charges, a lot stands in the balance, but your rights and your future are far too important to leave to chance.
Brett Pritchard, at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable criminal defense lawyer with years of experience successfully defending cases like yours. We care about you and your case, so please do not hesitate to contact us online or call us at (254) 781-4222 for more information today.