Sex Offender Registration

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Who Must Register 1.1 Offenses which trigger a 10 year duty to register (after discharge from probation, parole, or prison): 1.2 Offenses which trigger a lifetime duty to report: 1.2.1 "Sexually Violent Offenses" 1.2.2 Other Lifetime Reporting Offenses 2 What is Involved with Sex Offender Registration: 2.1 Initial Reporting 2.2 Follow-up reporting 2.3 Changing Address 2.4 Failure to Comply with the Terms of Registration

Who Must Register

Sex Offender Registration is not conviction-dependent, which means a person can not avoid registration by receiving Deferred Adjudication and avoiding a conviction. Once a person is charged with a crime that would give rise to sex offender registration, the only way to avoid the registration requirement is to be found not guilty or have the charges dismissed (or reduced to a lesser offense)

Offenses which trigger a 10 year duty to register (after discharge from probation, parole, or prison):

• Compelling Prostitution  with victim older than 17 § 43.05(a)(1)
  
• 2nd conviction - Indecent Exposure §21.08
• 1st conviction - Unlawful_Restraint §20.02
• 1st conviction - Indecency_With_a_Child by Exposure 21.11(a)(2)
  
• Kidnapping with victim under 17 20.03
• Aggravated_Kidnapping with no sexual intent and victim under 17
• 1st conviction - Any of the preparatory offenses ( Attempt, Conspiracy, Solicitation, Solicitation_of_a_Minor ) when the offense anticipated was a sexual offense.
• Online Solicitation of a Minor with the intent to Arouse or Gratify §33.021(b)
• Online Solicitation of a Minor with the intent to Meet with the Intent to engage in Sex or Sexual Contact §33.021(c)
• Online Solicitation of a Minor under age 14 §33.021(f)

Offenses which trigger a lifetime duty to report:

"Sexually Violent Offenses"

• Continuous_Sexual_Abuse_of_Young_Child_or_Children § 21.02
• Aggravated_Sexual_Assault §22.021
  
• Aggravated_Sexual_Assault of a Child §22.021(a)(2)(c)
• Aggravated_Sexual_Assault on an Elderly Person §22.021(a)(2)(c)
  
• Aggravated_Kidnapping with intent to violate or abuse the victim sexually §20.04(a)(4)
• Burglary of a Habitation with intent to commit a aggravated sexual assault, sexual assault, aggravated kidnapping, indecency with a child, or prohibited sexual conduct §30.02(d)
  
• Indecency_With_a_Child by Sexual Contact §21.11(a)(1)
• Sexual_Assault §22.011(a)(2)
• Sexual_Assault of a Child §22.011(a)(2)
  
• Employ, Induce, or Authorize Sexual Performance of a Child §43.25(b)
• Produce, Direct, or Promote Sexual Performance of a Child §43.25(d)
• ALSO, those who have undergone civil commitment as a "Sexually Violent Predator"

Other Lifetime Reporting Offenses

• Prohibited_Sexual_Conduct (Incest) §25.02
• Compelling Prostitution when victim is under 17 §43.05(a)(2)
• Possession or Promotion of Child Pornography §43.26
• 2nd conviction - Indecency_With_a_Child by Exposure §21.11(a)(2)
• 2nd conviction - Kidnapping with victim under 17 §20.04
• 2nd conviction - Unlawful_Restraint with victim under 17 §20.02
• 2nd conviction - Aggravated_Kidnapping with NO sexual intent §20.04
• 2nd conviction - Any of the preparatory offenses ( Attempt, Conspiracy, Solicitation, Solicitation_of_a_Minor ) when the offense anticipated was a sexual offense (excluding:  Compelling Prostitution with a victim over 17, or Indecent Exposure)

What is Involved with Sex Offender Registration:

Initial Reporting

Sex offender registration is done through the local law enforcement (Police Department or Sheriff's Department) and must be done (or registrant must get an appointment with the local law enforcement agency within 7 days of the duty to register (release from prison, or start of probation). The initial reporting takes a few hours and a registration card is issued.

Follow-up reporting

For most registrants, a follow -up registration is required every year. However, for those convicted (or given deferred) twice for the "Sexually Violent Offenses" above, there must be a follow-up every 90 days. For those civilly committed as "Sexually Violent Predators" the duty to follow-up is every 30 days.

Changing Address

If a registrant intends to move, he must report no later than 7 days before the move, to the police station where he last registered, and let them know that he intends to move. Then, after the move, he must report to the police station nearest the new address within 7 days (10 days if the move was to another state) to show proof of residence and proof of identification and register with the new law enforcement agency.

Failure to Comply with the Terms of Registration

If a registrant fails to register initially, fails to properly change his address, fails to follow-up, or in any other way fails to meet the terms of Sex Offender Registration, a new, completely separate charge will be filed for Failure to Register as a Sex Offender. This is a Third Degree Felony, and, just as an aside, Prosecutors tend to go after this charge with a fervor.

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