The Texas Improper Sexual Activity With Committed Person law 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.
FAQs about the
Improper Sexual Activity With Committed Person law in Texas
- What is the current Texas law about Improper Sexual Activity With Committed Person?
- What is the penalty for a Texas Improper Sexual Activity With Committed Person offense?
- How can I be charged with an Improper Sexual Activity With Committed Person offense in Texas?
- What is the statute of limitations for Improper Sexual Activity With Committed Person in Texas?
- Can you get probation for Improper Sexual Activity With Committed Person in Texas?
- Do I have to register as a sex offender in Texas if guilty of Improper Sexual Activity With Committed Person?
- What level of crime is Improper Sexual Activity With Committed Person in Texas?
The Texas Civil Commitment Office provides treatment and supervision to people who have been civilly committed as “sexually violent predators.”
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As part of a broad bill that was passed in 2023 to help solve “administrative challenges” of their treatment and supervision programs, the Legislature created this new law for 2023, and it went into effect on September 1, 2023. The law was codified at Section 39.041 of the Texas Penal code. The Legislature did not amend this law in 2025.
The Penal Code classifies the Texas Improper Sexual Activity With Committed Person law under Title 8 “Offenses Against Public Administration,” Chapter 39 “Abuse Of Office.” Learn more about the Texas offense of Improper Sexual Activity With Committed Person below.
What is the current Texas law about Improper Sexual Activity With Committed Person?
Texas Penal Code §39.041 currently defines Improper Sexual Activity With Committed Person 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]
What is the penalty for a Texas Improper Sexual Activity With Committed Person offense?
Improper Sexual Activity With Committed Person in Texas is punished as a third degree felony,[4] with a maximum possible prison sentence of up to ten years.
How can I be charged with an Improper Sexual Activity With Committed Person offense in Texas?
You can be charged with Improper Sexual Activity With Committed Person in Texas if the state’s attorneys believe that each of the elements of §39.041 as described in the section above has been met.
What is the statute of limitations for Improper Sexual Activity With Committed Person in Texas?
The statute of limitations for Improper Sexual Activity With Committed Person offenses in Texas is three years.[5]
Can you get probation for Improper Sexual Activity With Committed Person in Texas?
Yes. Probation is generally available for Improper Sexual Activity With Committed Person in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Improper Sexual Activity With Committed Person, and judges may also grant deferred adjudication community supervision.[6]
However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.[7] Additionally, a judge may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[8]
Do I have to register as a sex offender in Texas if guilty of Improper Sexual Activity With Committed Person?
The Improper Sexual Activity With Committed Person offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.[9]
However, the legislature can add this offense to the list at any time. If that happens, people convicted of Improper Sexual Activity With Committed Person would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were found guilty.
What level of crime is Improper Sexual Activity With Committed Person in Texas?
The Penal Code classifies Improper Sexual Activity With Committed Person as a third degree felony.
Learn more about the penalty range for this offense in the section above.
Legal References compiled by attorney Paul Saputo:
