The Texas offense of Improper Sexual Activity With Committed Person makes it illegal for people who work at civil commitment facilities in Texas to engage in sexual activity with any person who is committed to a civil commitment facility.

The Texas Civil Commitment Office provides treatment and supervision to people who have been civilly committed as “sexually violent predators.” This new law for 2023, effective as of September 1, 2023, was part of a broad bill that was passed in 2023 to help solve “administrative challenges” of their treatment and supervision programs.

Learn more about this new offense below.

What is the current Texas law about Improper Sexual Activity With Committed Person?

The current Texas law defines the offense of Improper Sexual Activity With Committed Person in Penal Code Section §39.041 as follows:^[1]

(b) An officer or employee of the Texas Civil Commitment Office, a person who contracts with this state to perform a service in a civil commitment facility or an employee of that person, or a volunteer at a civil commitment facility commits an offense if the person intentionally engages in deviate sexual intercourse, sexual contact, or sexual intercourse with a person committed to a civil commitment facility.

This offense was created by the 88th Texas Legislature in 2023,^[2] effective September 1, 2023.^[3]

How can I be charged with Improper Sexual Activity With Committed Person?

You can be charged with Improper Sexual Activity With Committed Person if the state’s attorneys believe that each of the elements of 39.041 as described in the section above have been met.

What is the punishment for Improper Sexual Activity With Committed Person?

Improper Sexual Activity With Committed Person is punished as a third degree felony,^[4] with a maximum possible prison sentence of up to ten years.

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Legal References:

^1. Texas Penal Code §39.041^2. SB 1179, 88th Texas Legislature (RS), Section 6^3. SB 1179, 88th Texas Legislature (RS), Section 32^4. Texas Penal Code §39.041(c)