Failure to Register as a Sex Offender Defense
To register as sex offender requires following many rules, perhaps too many, and it is extremely important to follow these rules to the letter. When a person fails to follow these rules in Texas, any violation could result in a felony charge of failure to register as a sex offender. You should know that judges take their court orders to follow these rules very seriously and are usually less forgiving of offenders who are accused of defying such orders. Failure to register as a sex offender frequently occurs with people who have recently moved or who travel often for their work.
Houston Failure to Register as a Sex Offender Lawyer
Were you or a loved one arrested for failure to register as a sex offender in the Houston area? You should not hesitate to contact James G. Sullivan and Associates.
Our lawyers have experience in getting these cases reduced or dismissed. We can discuss all of your legal options when you call (281) 546-6428 for a free initial consultation.
Failure to Register as a Sex Offender Charges in Texas
Chapter 62 of the Texas Code of Criminal Procedure outlines the Texas Sex Offender Registration Program. The specific rules to follow are listed in Subchapter B. – Registration and Verification Requirements. If a person is required to register and fails to comply with any requirement of Chapter 62, that person commits a criminal offense.
According to Texas Code of Criminal Procedure Art. 62.051(a), any person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision is required to register or, if the person is a person for whom registration is completed, verify registration with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. When an individual does not reside or intend to reside in a municipality, they still need to register or verify registration in any county where they reside or intend to reside for more than seven days.
Texas Code of Criminal Procedure Art. 62.102 lists the possible consequences for failure to comply with registration requirements. The felony charges are typically scaled according to the expiration of duty to register in Art. 62.101 and how often the offenders were required to register. Most offenses for failure to register as a sex offender are scaled as follows:
- State jail felony when a person was required to register once a year for 10 years;
- Third degree felony when a person was required to register once a year for life; or,
- Second degree felony when a person was required to register every 90 days for life.
Punishments may be increased to the next highest degree of felony when an alleged offender has previously been convicted of an offense or an attempt to commit a failure to comply with registration requirements offense, or they fraudulently used identifying information in violation of Texas Penal Code Sec. 32.51 during the commission or attempted commission of the alleged offense.
Failure to Register as a Sex Offender Punishment in Houston
A person convicted for failure to register as a sex offender is usually subject to the following sentences:
- State jail felony — punishable by 180 days to 2 years in county jail and a fine of up to $10,000;
- Third degree felony — punishable by 2 to 10 years in prison and a fine of up to $10,000;
- Second degree felony — punishable by 2 to 20 years in prison and a fine of up to $10,000; or,
- First degree felony — punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
Failure to Register as a Sex Offender Defenses in Texas
Many alleged offenders are charged with failure to register for simply missing a single appointment. People may have many different understandable reasons that could justify their failure to attend such meetings, especially when they have not had any other problems with their compliance.
Sometimes a paperwork or filing error by law enforcement or other state agency can lead to a person being falsely accused when they did in fact register and comply with all requirements. Also, a person may have one time simply overlooked a reporting obligation, such as failing to report an online identifier used by him (e.g. a social media account or email address), and a defense attorney could point out to the prosecutor the client’s otherwise lawful compliance with all other requirements to hopefully secure a case dismissal.
James G. Sullivan and Associates | Harris County Failure to Register as a Sex Offender Lawyer
If you or a loved one were arrested for alleged failure to register as a sex offender in Houston or another community in southeast Texas, you should quickly seek legal counsel. Contact James G. Sullivan and Associates. They are experienced in defending people charged with sexual offenses.
Our lawyers can fight to possibly get your criminal charges dismissed or reduced. Call (281) 546-6428 to set up a free initial consultation.
