Crime and punishment: The Texas Public Sex Offender Registry

February 23, 2013

In a real way, you could pay for the rest of your life for a sex crime in Texas because you may be required to register with authorities for either 10 years or until your death, depending on the nature of the offense. The public information about your status as a sex offender has the real potential to ruin your life.

For example, certain types of jobs, housing options and professional licenses could become off limits to you -- to say nothing of social stigma and the hit to your reputation.

The Texas sex offender public notification system began in 1991. Both adult and juvenile sex offenders with convictions for sex crimes defined under the law as "reportable" must register before applicable deadlines with local law enforcement authorities and provide detailed information, including pictures.

This also applies to sex offenders guilty of "substantially similar" crimes in other states or countries, or under federal or military law, once they live, work or go to school in Texas. If Texas officials find the crime of a sex offender under the laws of another country, or federal or military law, is not substantially similar, he or she still has to register if the law of the convicting jurisdiction requires it.

All offenders required to register must continue to periodically check in with authorities and report changes in their registration information. Updates in certain types of information like work or school changes must be reported much sooner, likely within seven days.

If a registered offender plans to move to another Texas address, he or she must report this to the current registration authority at least seven days before the move, and then to local police in the new neighborhood within 7 days of arrival there. Similar requirements apply to Texas sex offenders Texas who move to other states.

Failure to abide by "any" registration or reporting requirement can bring felony charges. A few very narrow exemptions to state registration may be available to a very few individuals. Some offenders may also be subject to federal registration requirements.

Online registry

The Texas Department of Public Safety is the statewide agency charged with maintaining a comprehensive, official database on the Internet containing detailed sex offender registration information as gathered by local police and sheriffs. This public database is called the Texas Public Sex Offender Registry, which can be searched and downloaded.

TXDPS states that the available information "may be used by anyone for any purpose." However, the website also says that use of the sex offender registration information "to injure, harass, or for any other unlawful purpose" could expose the user to "criminal prosecution or civil liability."

The law, however, does protect registrants' privacy in some ways, for example, by keeping home phone numbers, social security numbers, driver's license numbers and some juvenile data out of the database.

In addition to the Texas-wide database, local law enforcement agencies also must make the registration information publicly open for the benefit of those in the surrounding communities. Some local agencies have also created online databases.

Public notification practices

When a sex offender who is either classified as "high risk" or has been civilly committed as a "sexually violent predator" moves into a neighborhood, the TXDPS sends notice of his or her presence in the community to nearby homes and businesses by postcard. Local law enforcement agencies also have legal discretion to publish information about sex offenders in their geographical areas, such as in locally available newspapers or other publications. Local police may also be required to notify schools.

Legal counsel essential

This article is only an introduction to the complex set of laws that apply to convicted sex offenders in Texas. Anyone under investigation for or accused of a sex crime should immediately seek the counsel of an experienced and knowledgeable Texas criminal defense attorney as the penalties for conviction are so severe. In addition to registration requirements, a convicted sex offender will likely face prison time and more.

Article provided by Patrick L. Hancock
Visit us at www.hancockcriminaldefense.com