I need to determine whether an individual in the following situation is required under Texas law to register as a sex offender:

He entered a nolo contendere plea on 9-6-1991 to the offense of Aggravated Sexual Assault of a Child Under 14 Years of Age. He was given deferred adjudication and was placed on condititons of "probation" for six years. The indictment was dismissed on 9-5-1997, and he was discharged from supervision at that time. He is now on federal supervision for a drug offense, and is required to comply with Texas law. He claims he is not required to register as a sex offender, becasue he was never convicted of a sex offense. (He has never registered, and the matter was not included in his conditions of probation.)

I know that Article 62.001 of the Texas Code of Criminal Procedure specifically includes deferred adjudications as reportable convictions or adjudications, and I believe "nolo" peas have the same effect as guilty pleas. But I am concerned that the provisions requiring a person to register for life based on an Aggravated Sexual Assualt charge (22.021) may not be applicable to a person who was discharged from a deferred adjudication back on 9-5-1997. Depending on when the various laws went into effect, there could be some Ex Post Facto issues. Any assistance with understanding the Texas Sex Offender Registration provisions as they relate to the issues at hand would be appreciated.

Steve

Try calling DPS and check with their guy who is in the know on these various categories. Or, check a copy of TDCAA's very fine book on sex offender registration.

He is required to register as a sex offender.