Assault by contact is a Class C misdemeanor in Texas, punishable by a fine of up to $500 with no jail time, and it does not require sex offender registration. That second point is the reason this charge matters far more than its penalty suggests. Texas sex offender registration applies only to the specific offenses listed in Article 62.001(5) of the Code of Criminal Procedure, and assault by contact is not one of them. In cases that begin as registrable sex offenses, a plea to assault by contact is often the outcome that keeps a person off the registry entirely.
So if you searched this question because you are worried a Class C assault charge will put you on a public list, the short answer is no. The longer answer, and the part that actually affects your case, is below.
What Is Assault by Contact Under Texas Law?
Texas Penal Code Section 22.01(a)(3) defines it as intentionally or knowingly causing physical contact with another person when you know or should reasonably believe the other person will regard the contact as offensive or provocative.
Notice what is missing. There is no requirement of:
- Bodily injury
- Pain
- A visible mark
- Any threat of harm
A poke in the chest can satisfy the statute. So can an unwanted touch on the arm or shoulder. This is the lowest rung of the Texas assault ladder, sitting below assault by threat and assault causing bodily injury.
Penalty: Class C misdemeanor, fine up to $500, no jail. It is punished at the same level as a traffic ticket.
The charge does become a felony in narrow circumstances, such as offensive contact with a public servant, an elderly individual, or a sports participant. Those variations carry real jail exposure and different registration analysis.
Does Assault by Contact Require Sex Offender Registration in Texas?
No. Registration in Texas is not discretionary and it is not based on how a case felt. It is a list.
Article 62.001(5) defines a “reportable conviction or adjudication” by enumerating specific offenses, including:
- Section 21.02, continuous sexual abuse of a young child or disabled individual
- Section 21.11, indecency with a child
- Section 22.011, sexual assault
- Section 22.021, aggravated sexual assault
- Section 25.02, prohibited sexual conduct
- Certain prostitution and child pornography offenses under Chapter 43
Section 22.01(a)(3) does not appear anywhere on that list. A judge cannot add you to the registry for an offense the legislature did not designate as reportable.
What About Indecent Assault? Is That a Registrable Offense?
This is where the analysis gets genuinely useful, and where the law nearly changed.
Indecent assault, Penal Code Section 22.012, covers non-consensual sexual contact that falls short of sexual assault. It is a Class A misdemeanor in the standard case, with enhanced penalties added in recent sessions for elderly and disabled victims. It carries up to a year in jail.
And as of 2026, indecent assault is still not a registrable offense in Texas.
The Texas Legislature considered changing that in 2025. House Bill 2151 would have added a second indecent assault conviction to the reportable list. The committee analysis stated plainly that indecent assault “is not currently included among the offenses that trigger mandatory sex offender registration.” The bill passed the House and died in the Senate.
Two takeaways:
- The current answer is no, for both assault by contact and indecent assault
- The legislature has already tried once, so this is worth rechecking after each session
Separately, Senate Bill 1610 in 2025 reworked portions of Chapter 62 and applies to anyone required to register on or after September 1, 2025, regardless of when the underlying offense occurred. That bill changed how registration provisions operate, not which offenses trigger them.
Why Do Sex Offense Cases Get Resolved as Assault by Contact?
Because the registry is often the client’s actual priority, and the difference between the two outcomes is enormous.
Compare a plea to Section 22.011 sexual assault against a plea to Section 22.01(a)(3):
| Sexual assault | Assault by contact | |
| Offense level | Second degree felony | Class C misdemeanor |
| Jail or prison | 2 to 20 years | None |
| Registration | Yes, lifetime | No |
| Public listing | Yes | No |
| Residency limits | Often yes | No |
A defendant facing the left column will frequently accept a fine to avoid it, even in a case they believe they could win at trial. And prosecutors sometimes agree when the evidence of sexual intent is thin, but some contact is undisputed.
This is not a loophole. It reflects the legislature’s judgment that offensive contact without proof of sexual conduct does not warrant lifetime registration.
Important caution: deferred adjudication still triggers registration for offenses that are on the reportable list. Accepting deferred on a listed sex offense does not protect you from the registry. That is why the specific statute in the plea paperwork matters more than the disposition label.
What Are the Real Consequences of an Assault by Contact Conviction?
The fine is trivial. The record is not, and this gets undersold.
- It appears on background checks as an assault conviction, and employers rarely distinguish Class C from Class A
- In a family violence context, an affirmative family violence finding can attach and then serve as the predicate that elevates a future assault to a felony
- Professional licensing boards in nursing, education, and healthcare may inquire about any assault conviction
- Immigration consequences are possible even for a Class C, depending on the underlying conduct
- Expunction is limited. A conviction, as opposed to a dismissal or acquittal, generally cannot be expunged in Texas
If the case is dismissed or you are acquitted, expunction is usually available. That difference is worth fighting for even on a $500 charge.
Questions About Assault by Contact in Texas
Can I go to jail for assault by contact?
No. A standard Class C conviction carries a fine only, capped at $500. Elevated versions involving public servants or elderly individuals do carry jail.
Will this show up on a background check?
Yes. Class C convictions are reportable criminal history in Texas. Only a dismissal or acquittal followed by expunction removes it.
Do I need a lawyer for a Class C charge?
Often yes, because the collateral consequences and any family violence finding matter far more than the fine. The plea paperwork is where the damage happens.
Can assault by contact ever require registration?
Not under Article 62.001(5) as written. Registration attaches to the enumerated offenses, so what matters is which statute you plead to.
If You Are Facing an Assault by Contact Charge
Treat the paperwork as the whole case, because it is.
- Read the charging instrument and confirm the exact statute and subsection alleged
- Ask whether an affirmative family violence finding is attached. This is the detail with long-term consequences
- Do not plead to clear it up quickly. A fast plea creates a permanent record that cannot be expunged
- If a sex offense was originally alleged, get counsel who understands Chapter 62 before any negotiation
- Pursue dismissal, which preserves expunction eligibility in a way a conviction does not
Flatiron Legal Advisors handles assault allegations at every level through our Texas criminal defense team. For context on how Texas grades assault offenses, see our guides on felony assault charges and aggravated assault with a deadly weapon.
Schedule a confidential consultation before your court date.
Reviewed by the Flatiron Legal Advisors criminal defense team. This article is general information, not legal advice for your specific case.