April 26, 2007, 15:25
Charley OrbisonOnline Solicitation & Sex Offender Registration
Is online solicitation of a minor (33.021) a "reportable conviction" under the sex offender registration statute (TCP 62.001?
I notice in TB's "Perfect Plea," online solicitation is included in the list of reportable offenses, but there's no cite.
Any ideas would be appreciated.
Charley O.
April 27, 2007, 08:18
Shane PhelpsSee CCP Art. 62.001(5)(N).
Perfect Plea just makes a cite to Tex. Code Crim. Pro. art. 62.001 (see footnote 65, page 104) because the list changes nearly every legislative session. To avoid changes to the book every two years, we just put a citation to the general list, which, as you point out, does include online solicitation of a minor.
Here is a question: What relatively new sex offense is not on the list?
April 27, 2007, 08:28
Charley OrbisonThanks Shane. I didn't read fall enough into the statute.
P.C. 21.12 Improper Relationship between Educator and Student is not on the list.
Neither is 39.04 "Improper Sexual Activity with a Person in Custody", although since the Educator/Student statute was added in 2003, I'm thinking that is the better guess.
Correct on both. And if we were tracking such things, we might notice a bump in the number of defendants pleading to improper relationship with a student. Defendants prefer that provision because it doesn't trigger sex offender registration. It also is not a 3g offense, so it doesn't trigger serving 50% before achieving parole eligibility. Funny how this stuff evolves.