Texas Sex Offender Registration Program

Dallas Sex-Based Crimes Lawyer | Chad A. West, PLLC

Texas Sex Offender Registration Program – Texas Sex-Based Crimes Laws

Texas now has over 60,000 in-state registered sex offenders who are required to report where they live, what they look like, where they work and what their offense is.  This information is gathered annually and compiled in a national sex offender registry that is open to and searchable by the public.  Additional sex offender registries are compiled by local organizations and will even map out where the registered sex offenders live.

Most people are not aware that the offenses for which one must register range from more serious offenses like aggravated sexual assault with a child, to charges for repeated offenses of public nudity. 

Who Is Required to Register, for What Convictions or Adjudications and For How Long?

Any person with a “reportable conviction or adjudication” must register as a sex offender. As of September 1, 1997 the registration requirement applies to anyone whose offense occurred on or after September 1, 1970 if the person was still in the Texas criminal justice system for that offense on or after September 1, 1997.

The offenses include indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, compelling prostitution, sexual performance by a child and possession or promotion of child pornography.  Aggravated kidnapping charges are also included if the defendant committed the offense with intent to violate or abuse the victim sexually. Burglary, with the intent to commit some of the abovementioned offenses, can also trigger registering requirements. Unlawful restraint, kidnapping, or aggravated kidnapping of a minor (anyone under the age of 17) will also qualify.  A second violation for indecent exposure, as long as there is no deferred adjudication and an attempt, conspiracy, or solicitation to commit an offense or engage in conduct listed above is also included. Recently, online solicitation of a minor was added to the list. A conviction, deferred adjudication or adjudication of delinquent conduct for this offense requires registration.  Any offenses under the laws of another state, federal law, another country or under the Uniform Code of Military Justice (UCMJ) will also be included as long as the crimes are substantially similar to the listed Texas offenses unless the violation resulted in deferred adjudication. 

An offender typically will have to register for either ten years or life.  The offenses triggering lifetime registration are sexually violent offenses such as: indecency with a child by contact, sexual assault, aggravated sexual assault, sexual performance by a child, aggravated kidnapping (if committed with the intent to violate or abuse the victim sexually), burglary (if the premises burglarized was a habitation and the offense was committed with the intent to commit indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping with sexual intent), or an offense under the laws of another state, federal law, the laws of a foreign country, or the UCMJ if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.

Other offenses that trigger lifetime registration requirements include (but are not limited to): prohibited sexual conduct, compelling prostitution of a minor, possession or promotion of child pornography, indecency with a child by exposure if the accused is convicted of another crime requiring registration, unlawful restraint, kidnapping, aggravated kidnapping or an attempt, conspiracy, or solicitation to commit one of these offenses if the judgment in the case contains a finding that the victim was younger than 17 years of age and that the accused has another offense that requires registration.

Adult sex offenders register for 10 years after being discharged from state supervision for any offense that does not require lifetime registration. Juvenile sex offenders, who are registered for delinquent conduct, must register until the latter of either the 10th anniversary of the date on which the disposition in their case was made or he/she completes the terms of the disposition.

What to do if You Are Accused…

        Seeking competent representation with Chad West is crucial in fighting any of the charges listed above.  If something goes wrong with your case, you could be facing lengthy jail time as well as a lifetime spot on the sex offender registry.  As long as you have an advocate that knows the intricacies of the law and various ways to use it and the facts of your case to get you the results that you want, need and deserve you can look forward to a reasonable expectation of a normal life. If you, a family member, or a friend has been accused or charged with a sex crime, please contact Chad West today at 214-282-0035 or email chad@chadwestlaw.com.

Why We Have Them…

        The purpose behind the sex offender registry laws is to put the public on notice as to where registered sex offenders are living.  This enables families to determine which neighborhoods they wish to move to or which ones to avoid if they have young ones. Note above that most registration terms are 10 years or life—NOT when the offender has completed all terms of their sentences or legal obligations (such as probation or parole).  It may come as a shock to some that even though they have completed all of the court-ordered requirements of their sentences that they still must register.

Texas Department of Public Safety Open Records Service
https://records.txdps.state.tx.us/DPS_WEB/SorNew/index.aspx

        The requirements for placement on the sex offender registry mean that you must disclose not only where you live and work, but it also restricts where one can live and sometimes even where one can spend leisure time.  Some cities have enacted stricter restrictions as to where a sex offender can go.  Three cities around Waco restrict sex offenders from being within bus stops, and some even disallow sex offenders to go to public places such as parks and apartment complex pools.

        As illustrated above, the offenses range in severity—some sex offenders have been found guilty of a crime and placed on the registry for having consensual sex with someone that is underage.  Others are convicted of more gruesome crimes—such as aggravated sexual assault.  Both convictions require placement on the same list.     

The Debate Over Change

Proponents of registry laws say that we must have these in place in order to protect our most vulnerable group in society from predators.  Recidivism rates for sex offenders have always been—and still remain—one of the highest compared to other crimes.

Others argue that because of the breadth and variance of the offenses that are listed in order to be placed on the list, it is over encompassing and not only interferes with privacy rights but also ties up valuable law enforcement resources.  Some victims of statutory rape even call for registering of the more serious, violent offenses—they don’t feel like victims at all, and even though the sexual acts between themselves and their attackers were consensual, because they were found out now their partner must be placed on a sex offender list.

There are other concerns on both sides—those for the laws calling for the stricter law (like the ones outside of Waco banning sex offenders from public areas where children play) say that it is better to err on the side of caution.  Those opposed to stricter laws say that we may just send the offenders into hiding, that they may just decide that the possibility of a probation violation is worth the risk rather than losing their freedom to interact with society.  Additionally, the argument is often put forth that forcing younger offenders to register may inhibit their ability to be rehabilitated and could quash their hopes of ever re-integrating with society.

Dallas Sex Crimes Lawyer Chad West believes in your innocence and he is prepared to aggressively defend you and take your case to trial. If you, a family member, or a friend has been accused or charged with a sex crime, please contact Chad West today at 214-282-0035 or email chad@chadwestlaw.com.