Failure to Register as a Sex Offender

In addition to harsh criminal penalties, Texas law requires those convicted of certain sex crimes to register as a sex offender. If you are required to register as a sex offender, it will impact where you live, which employers will hire you, and who you can associate with. Additionally, failure to register as a sex offender is a separate crime, which can subject you to severe penalties. At Guest and Gray, we proudly represent those facing failure to register crimes, providing them with an aggressive defense that ensures their interests are protected at every step of the way. We also help clients seek early termination of sex offender registration requirements.

Under Texas Code of Criminal Procedure § 62.001, those convicted of qualifying sex crimes must register with the Texas Department of Public Safety. The amount of time someone must register depends on the crime for which they were convicted. The following offenses carry a 10-year registration period:

• Indecent exposure involving an adult (second offense),
• Attempt or conspiracy to commit a registerable sex offense;
• Bestiality,
• Certain statutory rape offenses,
• Indecent exposure involving a child,
• Prostitution (when punishable as a second-degree felony),
• Soliciting a minor online, and
• Unlawful restraint or kidnapping of a child, if it was the first offense.

Those convicted of the following face lifetime registration as a sex offender:

• Aggravated kidnapping with the intent to commit a sex crime,
• Aggravated sexual assault,
• Burglary with the intent to commit a sex crime,
• Certain child-trafficking offenses,
• Compelling child prostitution,
• Continuous human or child trafficking,
• Continuous sexual abuse of a child,
• Human trafficking involving prostitution,
• Incest,
• Indecency with a child,
• Possession of child pornography,
• Promotion of child pornography,
• Possession of obscene material of children under 18,
• Promotion of obscene material of children under 18,
• Sexual assault, and
• Sexual performance by a child.

Notably, both those who are convicted as well as those who accept a deferred adjudication for a qualifying offense will be required to register as a sex offender.

If you are required to register as a sex offender, the burden is on you to comply with all registration requirements in the city and county where you plan to live. Law enforcement will not automatically put your name on the registry.

While each city and county have different registration requirements, generally, you must initially provide your name, address, details about the conviction, and a color photo of yourself. This information is publicly available through an online search. And each time you move, you must re-register within ten days.

If you fail to register altogether, or fail to meet the exacting requirements of the registration process, you will be subject to additional criminal charges. Under Texas Penal Code § 62.102, the seriousness of this offense depends on the length of the registration requirements. General speaking, for those with 10-year registration requirements, their failure to register is a state jail felony. However, those facing lifetime registration commit a felony of the second or third degree, depending on whether they must register every 90 days or annually. Additionally, anyone with a prior conviction for failing to register as a sex offender will have face enhanced penalties.

If you were recently arrested for failure to register as a sex offender, it is imperative that you do not give up hope and accept a conviction as your reality. At Guest and Gray, we have a long history of beating failure to register cases on behalf of our clients. Our attorneys possess in-depth knowledge of the Texas sex offender registration requirements and how to successfully defend against these serious allegations. To learn more, and to schedule a free consultation with a criminal defense lawyer, give us a call at (972) 564-4644 today. You can also reach us through our online contact form. We proudly represent clients in Dallas, Rockwall, Collin and Kaufman counties.