Lawyer for Sex Offender Registration in San Antonio
The offenses that fall under the sex offender registration requirements in Texas are found in Code of Criminal Procedure Art. 62.001(5). In order to trigger the reporting requirement, the conviction does not have to be a final conviction or result in a prison sentence.
Even a defendant who received deferred adjudication for any qualifying offense is subject to the registration requirements. One exception to this general rule applies to a second violation of the Indecent Exposure statute and any out-of-state offenses.
A person adjudicated delinquent of a qualifying offense in juvenile court is also required to register as a sex offender in Texas.
If you are accused of a sexually motivated crime in San Antonio, TX, it is important to hire an attorney that understands Texas laws related to the registration requirements as a sex offender. In many of these cases, the criminal defense attorney will work to negotiate a disposition that does not require the defendant to register as a sex offender in Texas or in any other state that the defendant might move to in the future.
Contact Attorney Don Flanary to discuss your case. Call (210) 899-7566 today for a free and confidential consultation.
Convictions Requiring Sex-Offender Registration in Texas
The sex offender registration requirements in Texas, including the length of registration, depending on the offense committed. The following offenses require registration for 10 years (or for a lifetime if the defendant is already a sex offender as an adult):
- Unlawful Restraint of a victim under 17 (§20.02)
- The kidnapping of a victim under 17 (§20.03)
- Aggravated Kidnapping of a victim under 17 (§20.04)
- Indecency with a Child by exposure (§21.11(a)(2)
Some offenses that are designated as reportable convictions or adjudications in Article 62.001(5) that do not fall into the lifetime registration requirement list will have a 10-year registration requirement. The 10 years begins at the conclusion of either the offenders release from a penal institution, discharge from community supervision; or dismissal of the proceedings and offenders release, whichever occurs last. A conviction for any of the following offenses will result in a registration requirement for 10 years:
- Compelling Prostitution by force, fraud, or coercion (§43.05(a)(1))
- Any attempt, conspiracy, or solicitation to commit any of the above offenses (§§15.01–15.03)
- Indecent Exposure upon a second violation (which cannot be a deferred adjudication) (§21.08)
- Online Solicitation of a Minor (§33.021)
- Prostitution if the person solicited is younger than 18 [as of September 1, 2015] (§43.02(c)(3))
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Sexually Motivated Crimes Not Requiring Registration
Not all offenses involving sexual conduct or sexual conduct with a minor have a registration requirement. Some types of cases involving prostitution and children do not fall under the category of reportable convictions or adjudications. The following Texas Penal Code offenses do not have any registration requirement because these offenses are not listed as qualifying offenses in CCP Art. 62.001(5)) including:
- §20A.03 Continuous Trafficking of Persons;
- §21.15 Improper Photography or Visual Recording;
- §43.03 Promotion of Prostitution;
- §43.04 Aggravated Promotion of Prostitution;
- §43.23(h) Obscenity, when the obscene material depicts or describes activities engaged in by a child under 18, a person indistinguishable from a child under 18, or an image depicting an identifiable child.
Second-degree obscenity is listed as an offense with a lifetime registration requirement under CCP Art. 62.101(a)(5), but it is not listed in Art. 62.001(5) as a reportable conviction or adjudication.
Although Texas law is not well settled in this regard, it is reasonable to conclude that based on the detailed list of reportable convictions and adjudications that second-degree obscenity is an offense that does not require sex offender registration.
