Facing a juvenile sex offense charge in Texas is a frightening experience — especially when you learn that your child could be required to register as a sex offender. Many parents are shocked to discover that even minors can face this serious and life-changing consequence.
If your child is under 17 and accused of a sex crime, it’s critical to understand how Texas law works and what options may be available to avoid sex offender registration. In many cases, it’s possible to challenge registration requirements with the help of an experienced juvenile sex crime defense attorney in Houston.
Fortunately, the juvenile court system allows ample opportunity to avoid registration as a sex offender. You may request a hearing to challenge registration, and if you show good cause, the court may release you from this obligation. Juvenile sex offense charges can have serious consequences, and the best way to avoid them is by hiring an experienced Houston juvenile sex crime lawyer.
For a free and confidential consultation about your case, contact the Law Offices of Ned Barnett today at (713) 222-6767.
What Does It Mean to Be “Adjudicated Delinquent” in Texas?
In Texas, individuals between the ages of 10 and 16 who are charged with a crime appear in juvenile court, not adult court. Juveniles aren’t found “guilty.” Instead, they may be adjudicated delinquent, which is a legal term meaning the court found they committed the offense.
Consequences for being adjudicated delinquent can include:
- Counseling or therapy
- Probation or community service
- Placement in a juvenile detention facility
But when the offense involves sexual misconduct, there’s another serious consequence: sex offender registration.
When Is Registration Required?
Under Chapter 62 of the Texas Code of Criminal Procedure, juveniles adjudicated for certain sex offenses may be required to register as sex offenders. These offenses often include:
Whether or not registration is required often depends on the severity of the offense, the age of the offender, and other specific factors in the case.
Can You Avoid Sex Offender Registration as a Juvenile?
Fortunately, the juvenile justice system in Texas provides ways to challenge or avoid sex offender registration, especially when it’s not in the best interest of the juvenile or the public.
Plea Bargains and Prosecutorial Discretion
In some cases, a plea agreement with the prosecutor may include provisions about registration:
- The agreement may waive the requirement to register, or
- It may include consent to registration, which waives the right to challenge it in court
Your defense attorney will work to negotiate a favorable agreement and, if necessary, preserve your right to a hearing.
Challenging the Need for Registration in Court
If your child is adjudicated delinquent for a sex offense, your lawyer can file a motion requesting a sex offender registration hearing. The purpose of this hearing is to determine whether public safety truly requires the juvenile to register.
To succeed, your attorney must show that either:
- Registration would not increase public safety, or
- The harm caused to the juvenile outweighs the public benefit
Evidence That Can Support the Case:
- A social history report prepared by a counselor or psychologist
- Testimony from mental health professionals (including second opinions)
- Supportive documentation about the juvenile’s rehabilitation, education, and community involvement
Prosecutors may challenge the request, so it’s essential to come prepared with strong evidence.
What Happens After the Hearing?
The court has several options after the hearing, depending on your child’s progress and treatment outcomes.
Deferred Registration or Confidential Status
In some cases, the court may:
- Delay registration until after the juvenile completes counseling or detention
- Order confidential registration, meaning the juvenile’s information is accessible only to law enforcement (not the general public)
However, colleges and universities may still be able to access confidential registration data, which can affect admissions and scholarships.
How to Request Removal from the Sex Offender Registry
If your child is already registered as a sex offender in Texas — whether due to a Texas adjudication or one in another state — it’s still possible to request removal.
As with post-adjudication hearings, your attorney can file a motion asking the court to either:
- Remove the juvenile from the registry entirely, or
- Keep the registration private (non-public access only)
A copy of the motion must be served to the prosecutor, who may choose to oppose the request.
Why You Need a Juvenile Sex Crime Defense Lawyer
Texas takes sex offenses seriously, even when the accused is a child. The consequences of a sex crime conviction can follow someone for years, affecting:
- College admissions
- Employment opportunities
- Housing
- Social relationships
Don’t assume your child will automatically avoid registration because they’re young. These cases are highly complex, and outcomes depend on skilled legal advocacy.
Contact The Law Offices of Ned Barnett Today
A juvenile’s sex offender registration requirement won’t go away on its own. And, if you ignore the registration requirements, it can result in new felony charges. If your child has been adjudicated delinquent or is currently facing charges for a Texas sex offense, their best option is to have an experienced Houston criminal defense attorney
At The Law Offices of Ned Barnett, we are ready to start defending your child’s rights and know what it takes to protect them. Contact us at (713) 222-6767 for a free case evaluation.