Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) This section applies only to a person who, on release, will be required to register as a sex offender under Chapter 62, Code of Criminal Procedure, by court order or otherwise, and:
(1) is serving a sentence for an offense under Section 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, Code of Criminal Procedure; or
(3) is assigned a numeric risk level of two or three based on an assessment conducted under Article 62.007, Code of Criminal Procedure.
(b) If the parole panel releases on parole or to mandatory supervision a person described by Subsection (a), the parole panel as a condition of parole or mandatory supervision shall:
(1) prohibit the releasee from using the Internet to:
(A) access material that is obscene as defined by Section 43.21, Penal Code;
(B) access a commercial social networking site, as defined by Article 62.0061(f), Code of Criminal Procedure;
(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 releasee knows is younger than 17 years of age; and
(2) to ensure the releasee's compliance with Subdivision (1), require the releasee to submit to regular inspection or monitoring of each electronic device used by the releasee to access the Internet.
(c) The parole panel may modify at any time the condition described by Subsection (b)(1)(D) if:
(1) the condition interferes with the releasee's ability to attend school or become or remain employed and consequently constitutes an undue hardship for the releasee; or
(2) the releasee is the parent or guardian of an individual who is younger than 17 years of age and the releasee is not otherwise prohibited from communicating with that individual.
Added by Acts 2009, 81st Leg., R.S., Ch. 755 (S.B. 689), Sec. 10, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 684 (H.B. 372), Sec. 2, eff. September 1, 2015.