Sex Crimes > Sex Offender Registration
Registration for Sex Offenders in Houston, Texas
Attorney Representation in Houston, Texas since 1992
Who has to register?
Generally anyone who has been convicted, placed on deferred adjudication, or has an adjudication of delinquent conduct as a juvenile, for listed offenses must register as a sex offender and abide by all the registration requirements. This applies to all offenders who not only live in Texas, but also those that work and go to school. Most reportable convictions and adjudications are for sexual offenses or offenses containing sexual elements. The specific offenses requiring registration upon conviction or adjudication are listed in the table below (adult conviction, adult deferred adjudication, juvenile adjudication).
Anyone who lives, works or goes to school in Texas and who has a conviction in another state, foreign country, under federal law or under the Uniform Code of Military Justice for an offense having elements substantially similar to any Texas offense requiring registration must register in Texas and follow all the registration requirements.
If you have been required to register as a sex offender in another state, foreign country or under the laws of the federal government or the Uniform Code of Military Justice and come to live in Texas you will be required to register with the sex offender registration requirements of Chapter 62. However, a current opinion from the Attorney General (Op. Tex. Att’y Gen. LO 98-125 (1998)) concludes that a delinquent juvenile transferred to Texas from probation in another jurisdiction pursuant to the Uniform Interstate Compact on Juveniles is required to register as a sex offender.
Does anyone who has ever been convicted of a sex offense have to register?
This seems to be the reality. Pretty much anybody who has received a conviction or adjudication after September 1, 1970 and who was still incarcerated or still under some type of supervision as of September 1, 1997 must register as a sex offender in Texas. The courts have ruled sex offender registration requirements apply retroactively.
What happens when you violate your obligation to register?
Unfortunately, now you have a serious problem. A person required to register under Chapter 62 (The sexual registration statute) commits a new State of Texas Penal Code offense if he fails to comply with any requirements of the statute; and there are several of them. Usually some one that is not in compliance is violating more than just one of the requirements. In other words, if the offender is in violation of one requirement it is highly likely he may be violating more than one. This type of offender needs expert legal representation to talk with the government’s lawyer, figure out what actually happened that allowed the offender to get out of compliance, and negotiate some kind of disposition that does not force the offender to be put in the penitentiary. The legal team at the Houston criminal law firm of Tad Nelson & Associates has handled many registration cases with excellent results.
There are also times when the offender registrant is being accused of violating the requirements of registration when he actually has been in 100% compliance. This often happens when the registrant spends time in other homes with either friends and family or other love ones. The government will often try to make their case based on the registrant not re-registering every time they stay at a different address. The investigators are often wrong but remain hell bent on bringing charges. This is just one of the many prejudices against people charged and convicted of sex crimes. If this situation happens to you it is crucial that you have expert representation with you 100% of the way as you prepare a defense against the government’s charges. You need Houston criminal attorney Tad Nelson to assist you in organizing a believable defense to avoid additional charges being filed against you. The situation is already bad enough; there is no reason to make things worse.
What are the punishments for non-compliance to register?
The easy answer is, “It depends.” But I will make an effort to shine some light on what may be the offenders criminal liability exposure.
- State Jail Felony if the person is required to register for 10 years,
- Third Degree Felony if the person is required to register for life and must verify every year,
- Second Degree Felony if the person is required to register for life and must verify every 90 days.
If a defendant has a prior conviction for failure to comply with registration requirements, the punishment is increased to the next highest degree of felony.
Put a *Board-Certified Criminal Law Specialist and
Former Assistant District Attorney in Your Corner — Call (281) 280-0100
Our firm and Board Certified Criminal Defense Attorney Tad Nelson provide skilled legal representation and services to people throughout Galveston, Harris, and Brazoria County and the Greater-Houston metro area. If you have been arrested for any criminal activity or need Criminal Law advice — call our League City law offices directly or contact us online today.
Major Credit Cards Accepted
Evening, Weekend, and Off-Site Appointments Available
*The Texas Board of Legal Specialization certifies attorneys in 20 specific areas of law; certification in any of these areas requires substantial demonstrated experience and skill, positive peer evaluations, ongoing legal education commitments, and the passage of a rigorous test.
