Torres' lawyer confirmed he was also arrested.
Torres was under investigation for sending sexually explicit text messages to a minor.
He had claimed that the messages were fantasy and he had no intentions of doing anything.
The investigation has roiled city hall with fellow councilmembers, and Mayor Matt Mahan calling for Torres' resignation.
The scandal kicked off a political firestorm where Torres maintained his innocence while dodging all public appearances and refusing to let go of his seat in the process. His effort to stay in office fueled weeks of debate over how councilmembers could remove him, allegations of a City Hall cover up and employee unrest.
Mayor Mahan released a statement Tuesday.
"Omar Torres has been arrested on suspicion of committing some of the most serious crimes imaginable," he said. "I'm horrified by the possibility that-far from his claim of outrageous fantasies-he may have in fact harmed children. I trust our Police Department and DA to ensure that justice is served through the due process afforded by our laws. If you have any information related to this case or other cases involving harm to children, I would ask you to reach out the San Jose Police Department."
Fellow councilmember Domingo Candelas also released a statement writing:
"I am deeply appalled by the horrendous charges against Omar Torres. This is deplorable and has no place in our community. Our families, our children, and our community deserve leadership founded on integrity, transparency, and trust. The conduct in question undermines the values we stand for and tarnishes the public's faith in our local governance. We must ensure that our leaders are held to the highest standards of accountability. While everyone has the right to due process, I have the utmost faith in our police department and the District Attorney to make sure that justice is served to the fullest extent."
The San Jose Police Department is expected to hold a news conference on Wednesday.
Bay City News contributed to this report
Stay with ABC7 News for the latest details on this developing story.