Legal Question in Criminal Law in Texas

Sex Registration

Sex Registration

A national trend toward increased supervision and registration of convicted sex offenders is evident. The U. S. Congress passed the Sexually Violent Offender Registration Act (1994), and all fifty states have enacted laws requiring convicted sex offender registration.

In recent years state legislatures across the country have examined their sexual assault/sexual offense laws to find ways to increase community protection. The Texas Sex Offender Registration Law became effective on September 1, 1991, and was amended by the 1993, 1995, 1997, and 1999, Regular Sessions of the Texas Legislature. The 1997, regular session changed the beginning date for sex offender convictions, requiring registration from September 1, 1991, to September 1, 1970. This was an addition of (20) twenty years of "convicted" sex offenders who must register. The latest amendments have also mandated that offenders must re-register annually for lifetime if convicted of the following offenses under Texas Penal Code Sections:

21.11 Indecency With a Child

22.011 Sexual Assault

22.021 Aggravated Sexual Assault

25.02 Prohibited Sexual Conduct

43.05 Compelling Prostitution

43.25 Sexual Performance By a Child

43.26 Possession or promotion of child pornography

20.04 Aggravated Kidnapping with intent to sexually abuse

30.02 Burglary with intent to commit sexual assault

Those offenders having been convicted (1) one time for Attempted Sexual Assault or (2) two convictions of Indecent Exposure must register annually for a period of (10) ten years following discharge from supervision. An offender that has been convicted more than (1) one time for a sexually violent offense must register every (90) ninety days. Additionally, all offenders must keep the registering agency informed within (7) seven days upon the offender changing his/her address.

CHANGES IN LAW

The September 1, 1999, Texas Legislation changed the penalty for non-compliance of the registration law from a "state jail" felony for the above offenses to the following: Convictions for Attempted Sexual Assault and Indecent Exposure remained a State Jail Felony.

Convictions for "Sexually Violent Offenses" listed in the above Penal Codes were enhanced from a "State Jail Felony" to a "Third Degree Felony." The offenders requiring ninety- (90) day registration was enhanced from a "State Jail Felony" to a "Second Degree Felony."

PUBLIC INFORMATION

The 1999 legislature amended the release of public information of registered sex offenders to "include" the following: Offenders numeric address

Offenders photograph

Offenders date of birth

Offenders social security number

Offenders drivers license number

JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER

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