10 Surprising Things That Could Make You A Sex Offender

You might think that only people who commit sexual crimes are sex offenders, but this is not the case. There are many offenses that can get you on a sex offender registry, and it is important to know what they are.

In this blog post, we will discuss 10 things that could make you a sex offender - even if you don't mean to be!

What is a sex offense?

Sex offenses also referred to as sex crimes, are a category of offenses involving misconduct or violence of a sexual nature. Usually, a sex offender is considered to be one who disrespects the lack of consent by either party involved, who engages in a sexual act in any way with an individual who is legally incapable of giving consent, or who seeks sexual gratification in any way, either with his or her person or through another individual.

Sexual convictions carry with them serious consequences. While they do not always result in incarceration, there is always a sex offender registration. Sex offender status can severely affect employment, professional, family, and even social relationships, so caution must be taken in these types of cases.

Also, as mentioned at the beginning of the blog, there are some things that can also result in a sex offender registration and even a criminal conviction. Read on to find out what they are!

What crimes will make you a sex offender?

The sex offender registry is necessary for the safety of the general public, as it provides information about individuals who are potentially dangerous to the integrity of some people. However, it is important to mention that some of the individuals on the sex offender registry did not affect anyone directly or physically, yet they are still a reason for being in the sex offender registration and may surprise many.

While some of the crimes listed below are not always mentioned, they are things that could land you on a sex offender's list. The following examples of sexual offenses are explained in detail below:

• Taking nude photos of yourself as a minor
• "Flashing" or indecent exposure
• Public urination
• Public lewdness
• Incest
• Sexual Activity between minors
• Sexting as and with a minor
• Soliciting Prostitution
• Displaying pornography in View of Minors
• Hugging

While it is a crime to have nude or partially naked photos of minors, it is a crime to have such photos of yourself as a minor.



Essentially, when a minor takes nude photographs of themselves, saves them, sends naked photos, or posts them on social media platforms, it is considered pornographic material or child porn. From nude selfies to selfies taken on their cell phone, by law, minors are considered unable to make decisions like adults.

Although the minor is aware of their decisions and what they are doing, this is irrelevant when these types of cases occur, since it is still considered child pornography, and when this type of material is published or sent by any social network or media, this will be considered as the minor is spreading child porn, even if it is photos of themselves.

While public nudity is permitted in specially dedicated recreational areas in some states, public nudity outside of these locations is illegal nationally. Outside of these areas, public nudity is grounds for being on the sex offender list. 

As part of this type of sex offense, there is indecent exposure or "flashing," which is nothing more than momentarily showing parts of your body, either partially or completely, such as breasts or genitals. Whether in person or in photographs, the law in Texas prohibits such acts and may penalize them more severely if the act was done in view of minors.

Some things that are considered "flashing" are as follows:

• Exposing any part of the genitals
• Exposing the buttocks or anus;
• Attempting to gratify or arouse a person's sexual desire.
• Presence of another person who is offended or alarmed.

These acts are considered Class B misdemeanor crimes, which means that most cases end in minor sentences and fines of no more than $2,000 DLLs. While not all offenses of this nature end in convictions, there are many other factors that are considered when you perform these acts, from whether you are a minor or you were in view of minors, to whether you were intoxicated or lack judgment due to mental illness. These may determine whether the offense is registered as a sex offense, aggravated, or discredited.

Like indecent exposure, whether partial or complete, of certain parts of your body, urinating or defecating in public is considered a sex offense, and indecent exposure, both of which can be reasons for being on the sex offender list. 

Likewise, if the act was performed in front of other individuals or worse, in front of or near minors, law enforcement may consider it an aggravated registerable offense, and without a good defense or argument that you are not guilty, this can land you on the sex offender registries. 

Being on the sex offender registries can be even more extensive and the consequences of these types of acts can be even greater if the act was performed in proximity to a school or governmental institution.

As indecent exposure, these acts are considered Class B misdemeanor crimes. The consequences or charges for these are as follows:

• Up to 180 days of jail time in county jail
• Required restitution and a $2,000+ fine
• Perform community service
• Submit to community supervision (probation)

In certain circumstances, if law enforcement determines or proves that these acts were accompanied by the intent to engage in sexual conduct, then the case is aggravated and you can be convicted of being a sex offender. Of which 

Having sex in public is considered an offense of sexual nature, and is grounds for being charged with public lewdness. It can be considered any action that involves the following: 

• Sexual contact
• Intercourse
• Sexual deviancy
• Bestiality

Also, while the penal code assumes that the act is committed in public and not in private, it also connotes that it can be enforced if the sexual offense is committed in the presence of persons who may be offended by it. As well as with public indecency, there are many other factors that are taken into account when performing these acts, for example, if you are a minor, your records may be considered for discretion and may be sealed. On the other hand, if you were in view of minors, if you were intoxicated by drugs or alcohol, your case may be aggravated.

These acts are considered Class A misdemeanor crimes. This means that the consequences for these acts are as follows:

• Up to twelve months in a state correctional institution
• A monetary fine of up to $4,000
• Community service
• Probation
• A record in the Sex Offender Registration Program administered by the Texas Department of Public Safety

In addition to you being registered as sex offenders, your reputation and your partner's reputation can be seriously affected by these acts.

It is no surprise that incest is considered a sexual offense. Is not just a social taboo, but it is also considered illegal throughout the world. Incest is defined as sexual intercourse or deviating sexual intercourse with a family member who is either related by blood or adoption, even if there is consensual sex or sexual intercourse with a child. 

Incest by itself is considered a second-degree felony but may be aggravated by taking into account other factors involved in the case. While the degree of kinship and age difference are significant factors in the case, other factors may be considered. The following are considered incest:

• A brother or sister
• The children of the person charged with incest's brother or sister
• The son or daughter of the person charged with incest's aunt or uncle
• An ancestor or descendant
• A current or former stepchild or stepparent
• A parent's brother or sister

The penalty for these acts can range from two to 10 years imprisonment and even up to 20 years in prison, as well as a sex offender registry and a bad reputation among your friends and family.

The laws in this regard are somewhat diverse. While the legal age of consent varies between 16 and 18, Texas Penal Code states that once a person becomes 17 years of age they are capable of giving consent for sexual-related activity with another person, so anyone under this age cannot legally consent to sexual advances. If one or both persons violate this law, they can be charged with statutory rape, even if they are both the same age, there is consent from both parties, or the parents are aware of the relationship.

Violating this law can result in a variety of legal consequences. There are 5 charges related to statutory sexual assault recognized in Texas, which may apply in the case depending on the relative ages, context, and details of what happened. The consequences determined may be in conjunction with a sex offender registry for both parties involved. If the parents or legal guardians permitted or knew that the minors were engaged in sexual nature activity of any kind, they may also be required to register as sex offenders. As in public lewdness, as a minor, your records may be considered for discretion and may be sealed.

The following are some of the penalties and fines that could be applied:

• Aggravated Sexual Assault: First-degree felony, with a maximum of life imprisonment and/or a maximum fine of $10,000.
• Continuous sexual abuse of a young child or children. Felony of the first degree, up to a $10,000 fine.
• Indecency with a child: Second or third-degree felony, maximum 20 years imprisonment if the second degree and 10 years maximum if the third degree, and a maximum fine of $10,000.
• Prohibited sexual conduct: Second or third-degree felony, maximum 20 years imprisonment if the second degree and 10 years if third degree, and a maximum fine of $10,000.
• Sexual Assault: First-degree felony, maximum of life imprisonment, and a fine of up to $10,000.

As mentioned in the previous point, any sexual-related activity with a minor or being a minor is prohibited. 

Sexting can be defined as the sending, forwarding, receiving, or publishing of messages and material of a sexual nature between two or more persons, with mutual consent of the parties involved. This unifies two points already mentioned here, which are taking nude pictures while underage and sexual activity while underage.

To consider that someone was sexting, both parties must have had a mutual agreement to send and receive sexual messages and content, so if someone receives unwanted photos or messages of a sexual nature or with sexual innuendo, this does not apply. Sexting is not illegal as an adult, however, sexting or sending sexually suggestive text or images as a minor or with a minor is considered sexual exploitation or child pornography and can result in criminal charges, as well as being considered sex offender. Furthermore, minors who distribute nude photos (even of themselves) could face felony charges according to the Texas Penal Code.

Prosecutors can use a variety of sex offender laws to prosecute sexters, especially if the sexting activity involves a minor. If convicted as a sex offender, the defendant faces penalties of up to the first degree.

Prostitution is defined as when a party offers services of a sexual nature, such as sexual intercourse, oral sex, or any other related behavior or service in exchange for a benefit or fee, monetary or otherwise. In Texas and in almost every state in the US, prostitution, as well as brothels, are expressly prohibited by law. If you solicit prostitution services and get caught, you can face being on the sex registries. Likewise, sex workers convicted of prostitution may also find themselves on the sex offender registry.

It should be noted that it is not necessary to have had sexual contact, it is enough to have requested the service and to have been caught. Likewise, if in the context there was intoxication by alcohol or drugs, the case might be aggravated. In Texas, the state usually charges a first offense for prostitution as a Class B misdemeanor. The possible penalties if convicted include:

• First offense: Class B misdemeanor, maximum 180 days imprisonment and up to $2,000.
• A second or third offense: Class A misdemeanor, maximum 1-year imprisonment, and up to $4,000.
• A fourth or subsequent conviction: State jail felony. If convicted, 6 months to 2 years in state imprisonment, and up to $10,000
• Sexual activity with an underage: second-degree felony charges 2 to 20 years imprisonment, up to $10,000 in fines for the first offense.

If you have minors in your care, you should be especially careful about what they can see. Whether you are present or not, if you have pornographic material in your home and a minor accesses it or is able to view it, either intentionally or accidentally, you could face a charge of corruption of minors and be required to register as a sex offender. The consequences of this may vary depending on the context in which the content was viewed, as well as the type of content viewed.

Surprising as it may seem, hugging someone without their consent can result in an offense and a record as a sex offender. The reason for this is that, if one of the parties did not give prior signs of agreeing to the act of being hugged, this can be considered harassment. 

However, this type of case is circumstantial, and depends on both the one giving the hug and the one receiving it, and this considering other factors within the context such as unwanted touching or too much insistence on doing so. There are several cases of people, including minors, who have been charged and registered as sex offenders, due to repetitive behaviors regarding this action.

Can you Deregister as a Sex Offender?

Short answer: Yes. A sex offender who obtains a sex offender registration has many limitations in all areas, from professional to family and society. When you are found guilty, prison time is imposed or simply being registered as a sex offender involves many obstacles, so you will always choose to find a way to reduce or eliminate them altogether.

The total time spent as a registered sex offender can vary, from the nature of the offense to what other things were involved (alcohol, drugs, age of the individual involved or affected, etc.). There are options to be deregistered as a sex offender, however, not all cases are applicable. The deregistration process includes deferred adjudication. You do not have to be innocent of your sex offense(s), however, if you are guilty, it is preferable that you plead guilty as guilty to your crime. Attempting to minimize, blame or deny any involvement in the case could severely affect the final outcome of the registration process.

As mentioned above, not all cases can be applied to deregistration: You must verify that your case falls within the appropriate parameters in order to begin the process. The Texas Department of Public Safety has published a Tiered Offense Chart, on which you can verify which offenses and under what conditions a case is eligible for sex offender deregistration. Once you verify that you are eligible, the process does not end there. You must submit an application to the Council on Sex Offender Treatment and then Obtain a Deregistration Evaluation. Once you have successfully completed these two steps, you must file a petition with the court, for which it is highly recommended that you contact an attorney, who has all the necessary tools and specific strategies to convince the judge that you are eligible for deregistration.

In the Law Office of Rolando Cantú, we can help you to reduce or even eliminate the charges against you. They can also help establish a stronger defense to achieve an acquittal for your case and protect your rights in court. Hiring a criminal defense attorney is necessary when it comes to defending yourself from being falsely accused of any crime as well as protecting your best interest so that information will not be mishandled during the investigation and trial process.

Are you looking for an experienced defense lawyer?

If you’re facing a sex crime causation or you are in need of legal advice, it is important to find a criminal defense attorney that provides a good attorney-client relationship. A successful criminal defense lawyer will work with their clients no matter what, ensuring your rights are protected and applying their extensive knowledge on how best to defend you.

At the Law Office of Rolando D. Cantu, we understand the criminal justice system and how law enforcement agencies think. Under the law, anyone charged or arrested for a crime is innocent until they are proven guilty. This is a right of all US citizens, no matter the crime they have been accused of, and this helps us fight during your legal process till the end.

We utilize our knowledge & understanding of Texas law and hands-on experience to advocate your case, limiting the chances of arrest or hefty penalties. We provide legal advocacy and representation you can trust and rely on. 

We will aggressively fight your case in front of judges and juries for your future and freedom. Contact Us and request your free consultation today!