Texas Code of Criminal Procedure 42A.454 – Certain Internet Activity Prohibited
(a) This article applies only to a defendant who is required to register as a sex offender under Chapter 62, by court order or otherwise, and:
(1) is convicted of or receives a grant of deferred adjudication community supervision for a violation of § 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal Code;
(2) used the Internet or any other type of electronic device used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62; or
(3) is assigned a numeric risk level of two or three based on an assessment conducted under Article 62.007.
(b) If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall:
(1) prohibit the defendant from using the Internet to:
(A) access material that is obscene, as defined by § 43.21, Penal Code;
(B) access a commercial social networking site, as defined by Article 62.0061(f);
(C) communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or
(D) communicate with another individual the defendant knows is younger than 17 years of age; and
(2) to ensure the defendant’s compliance with Subdivision (1), require the defendant to submit to regular inspection or monitoring of each electronic device used by the defendant to access the Internet.
Terms Used In Texas Code of Criminal Procedure 42A.454
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The court may modify at any time the condition described by Subsection (b)(1)(D) if:
(1) the condition interferes with the defendant’s ability to attend school or become or remain employed and consequently constitutes an undue hardship for the defendant; or
(2) the defendant is the parent or guardian of an individual who is younger than 17 years of age and the defendant is not otherwise prohibited from communicating with that individual.