Yes, in Texas, a conviction for statutory rape usually results in sex offender registration. Today, I want to dig into the details of how this process plays out for those who are accused or convicted of such a crime.
What is “statutory rape?”
Statutory rape is best understood as a catch-all term to describe sexual contact or activity between an adult and a minor, which in Texas refers to anyone under the age of seventeen. It’s important to understand that a minor cannot give consent under the law. So, even though there may have been no overt coercion or force involved and both parties agreed, the resulting sexual activity is not, in fact, consensual.
This crime is a subset of sexual assault; It’s either § 21.11 or 22.011 in the Texas Penal Code, depending on the specific charge.
In Texas, the term “statutory rape” applies to two different statutory charges.
“Statutory rape” isn’t itself a crime, but sexual activity with a minor is, and it can fall under two statutes.
Indecency with a Child
Statute § 21.11 in the Texas Penal Code is for sexual contact without intercourse or penetration with a person under 17. It’s a second-degree felony.
Sexual Assault of a Child
This charge (§ 22.011) involves sexual intercourse or penetration. If the child is younger than 14, this crime moves from a second-degree to a first-degree felony.
Sexual assault of a child requires registering as a sex offender.
That’s the case even if it’s non-violent. There are three components of the punishment, with the numbers varying based on the exact charges.
1. 2-99 years in prison
2. Up to $10,000 fine
3. Registration as a sex offender
You’ll notice registration as a sex offender at #3. A conviction of either indecency with a child or sexual assault of a child will always require that you register as a sex offender.
The terms of registration depend on the facts of the case.
The duration, reporting requirements, and re-registration requirements can vary based on the offense.
If you are facing sex offender registration, you should discuss your situation with an experienced attorney, who can help you understand the requirements you would face if convicted.
What is the “Romeo and Juliet” exception?
In 2011, the Texas Penal Code was adjusted to prevent serious criminal charges against teenagers who engage in sexual activity and who are close in age.
This provision is commonly called the “Romeo and Juliet” exception. The law applies to anyone who engages in sexual activity with a minor aged 14 to 17 who is less than three years younger than them.
The Romeo and Juliet exception doesn’t guarantee a “not guilty” verdict.
While it is a viable defense that can lead to acquittal, the Romeo and Juliet exception is also sometimes only a mitigating factor.
One example would be if the ages fall just outside the three-year window; in such cases and others, the exception results in a conviction but a lesser punishment, such as reduced time on the sex offender registry.
What does registering as a sex offender mean in Texas?
So, a person is convicted of sexual assault of a minor and required to register as a sex offender. Once an individual is released from prison, jail, or a residential facility, they have seven days to go in person to local law enforcement and register. As part of the process, they must provide personal information, including:
- Full name and aliases
- Names of social media accounts or email addresses
- Address
- Date of birth
- A photograph
- Job title and status
Individuals on the registry must also verify their information regularly, every 90 days and once a year, depending on the situation.
If a person moves or changes jobs, they must re-register within seven days. Failing to register or update your address on time can lead to new felony charges, so those deadlines matter.
For more information, you can read through my Guide to Sex Offender Registration Requirements in Texas.
Registration can range from 10 years to life.
Crimes that involve force or a very young person require lifetime registration as a sex offender.
However, less serious charges (or cases ending in a plea deal) may only carry a 10-year registration period.
But “10 years” doesn’t always mean 10 years.
Keep in mind that if a sentence requires a 10-year registration, that 10-year period doesn’t start until after the sentence is over. The clock only begins counting down once you finish prison time, parole, probation, or deferred adjudication.
Work with an experienced defense attorney today.
Gold Legal, PLLC is an aggressive firm specializing in sex crime cases in DFW and Houston. We can help you understand your rights and achieve the best possible outcome.
Contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
