Way old offense -- D convicted of two separate sexual abuse of child offenses under sec. 21.10 of the 1981 penal code (w/ intent to arouse, etc., b/c he engaged in deviate sexual intercourse w/ child under 17). D given probation (mom did not want 2 kids to testify). D changed his name and fled for over 11 yrs. Revocation filed. D finally arrested. D's probation revoked, but D out on appeal bond. Bond includes "comply with sex offender registration procedures as required by the laws of this state. D registers as sex offender and checks off indecency with child by contact as offense committed. Meanwhile, COA busts revocation on due diligence grounds; State PDR pending (other cases granted on similar grounds - getting rid of due diligence). D still on appeal bond and registered in Tarrant Co., and probation officer finds out D is actually living in Harris County and keeping trailer here as subterfuge.
Questions:
1)Was D required to report? Condition says to report as required by law, but is the 1981 crime a reportable offense? Not under enumerated under 62.01(5) and the catch-all phrases in (5)(J) and also 62.0101(a) refer to crimes with similar elements from OTHER jurisdictions.
2) Assuming that he was required to report (and, of course, he did report), is there a crime under 62.10 (failure to comply w/ registration rqmts) b/c he is not living in the county where he's reporting, but in another county where he's not registered?
3) If D committed a 62.10 offense, which range of punishment applies? The punishment categories are defined by when the duty to register expires which is, in turn, dependant on the type of underlying offense. As with 62.01, Section 21.10 of the 1981 penal code isn't on the list.
4) Revoking his appeal bond is also an option (unless you find that he wasn't required to report under the laws of the state). Unfortunately, there is no bond provision about remaining in the county.
5) Could he be popped for tampering with a governmental record (SJF b/c of intent to defraud) or is this in pari material with offense in 62.10?
This is a bad kiddie-diddler who has lucked out for two decades and spent less than a full day in jail and apparently feels he can ignore court orders with impunity. Any suggestions (besides telling the next session of the Lege that they need to amend the catch-all sections to include offenses in this state with substantially similar elements). Thanks for reading this sucker -- I know it's a long one.
[This message was edited by Martin Peterson on 12-07-01 at .]