Failure to Register as a Sex Offender

In the state of Texas, if you commit certain sexually motivated offenses you may find yourself labeled as a sex offender. People who live with a sex offender status are required to register with their local sheriff’s office at least once a year, and they must report their whereabouts every time they move to another community. Failure to register in time or not informing the sheriff’s office of a potential move can result in criminal charges.

You may be charged with Failure to Register as a Sex Offender, which is a felony-level offense. If you’re convicted, the judge may sentence you to pay expensive court fines and spend time in prison. That is why it’s incredibly important you secure legal representation if you’ve been accused of failing to register as a sex offender in Texas.

Houston Sex Offender Registry Lawyer | Rules for Sex Offenders in Texas

Were you accused of failing to register as a sex offender on time? If so, it’s within your best interest to exercise your right to stay silent with authorities and call Brian Benken of The Benken Law Firm. Criminal defense attorney Benken has been defending individuals on the sex offender registry for decades. He understands the ins and outs of the system as well as it’s flaws. With his knowledge, resources, and skills, attorney Brian Benken can chart out an effective defense for your case.

Call Houston sex crimes lawyer Brian Benken today at (713) 223 - 4051. He will sit with you, hear your case, and then uncover all your legal options with you. The Benken Law Firm is located in Houston and accepts clients throughout the metropolitan area including Alief, The Heights, Westchase, Meyerland, and River Oaks.

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Registering as a Sex Offender in Texas

Texas, similar to many other states, requires people to register as a sex offender if they were convicted or received adjudication for a reportable sex offense. The terms of the program can be found under Chapter 62 of the Texas Code of Criminal Procedure. Defendants must register or verify registration with local law enforcement where they reside or intends to reside for more than seven days.

Registration must be completed by the defendant by the seventh day of their arrival in a new municipality or county. It may also be on the first date local law enforcement allows the person to register or verify their registration.

If you were convicted or adjudicated (including delinquent conduct or deferred adjudication) for any of the following sexual offenses, you must register as a sex offender in Texas.

  • Sexual assault
  • Aggravated sexual assault
  • Indecency with a child
  • Sexual performance by a child
  • Compelling prostitution
  • Prohibited sexual contact
  • Continuous sexual abuse of young child(ren)
  • Possession or promotion of child pornography
  • Kidnapping a person under the age of 17
  • Aggravated kidnapping of a person under the age of 17
  • Online solicitation of a minor
  • Trafficking persons
  • First-degree burglary where the offender committed the crime with the intent to commit indecency with a child, continuous sexual abuse of young child or children, sexual assault, aggravated sexual assault, prohibited sexual conduct, and/or aggravated kidnapping
  • Aggravated kidnapping if the defendant committed the offense with the intent to violate or abuse the victim sexually

Every person in the Sex Offender Registry program is also assigned a Risk Level. The level is determined by the sex offender screening tool used by the Texas Department of Criminal Justice and the Texas Youth Commission, and the criminal court system.

The three different risk levels in Texas’s Sex Offender Registry program includes:

  • Level Three (High) — Sexual offenders that pose a severe risk to the community and are likely to continue to engage in criminal sexual acts.
  • Level Two (Moderate) – Sex offenders that are seen as a moderate danger to the people in the community and may continue to engage in criminal sexual offenses
  • Level One (Low) – Sex offenders who are seen as a low risk to the greater community and have a low likelihood of engaging in criminal sexual acts.

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Failure to Register as a Sex Offender Penalty in Texas

Under the Texas Penal Code, the number of times a person is required to register annually, and for how long, is important when determining a penalty for a sex offender not complying with registration requirements. The penalties and how they are determined for failing to register as a sex offender can be found listed below.

  • State Jail Felony – Sexual Offenders with a 10-year reporting requirement
  • Third-Degree Felony – Sexual Offenders with a lifetime reporting requirement
  • Second-Degree Felony – Sexual offenders with a lifetime reporting requirement and must report their status to local law enforcement every 90 days

The maximum punishment for a state jail felony includes:

  • Up to two years in jail
  • A fine of up to $10,000

The maximum sentence a person can receive for a third-degree felony includes:

  • Up to 10 years in prison
  • A fine of up to $10,000

The maximum penalty an individual can receive for a second-degree felony includes:

  • Minimum of 5 years and a max of 99 years
  • A fine of up to $10,000

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Additional Resources

Texas Statue for Failing to Register as a Sex Offender – Visit the official website for the Code of Criminal Procedure to learn more about Texas’s sex offender registration program. Access the site to learn more about reportable convictions, how many times you must register a year, and other important information.

Once Fallen | A Resource for Sex Offenders— Visit the official website Once Fallen, a leading reference and resource site for sex offenders. Access the site to learn more about travel issues while being a sex offender, compliance checks, and ways to find housing. There are also fact guides relating to civil commitment, false allegations, and internet laws.

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Harris County Lawyer for Failure to Register

If you or someone you know has failed to register as a sex offender in time, call The Benken Law Firm. Brian Benken of The Benken Law Firm has decades of experience and a passion for criminal defense. He can assist you by overlooking the facts of the case and developing a formidable defense to fight these accusations. Don’t wait another moment and call his office in Houston today at (713) 223 - 4051.

The Benken Law Firm accepts clients throughout the greater Harris County area and throughout all parts of Texas.

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(713) 223 - 4051
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