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Attempted Sexual Offense and Registration period I am reading this as a lifetime registration relying on 62.101(a) “Except as provided by Subsection(b) and Subchapter I, the duty to register for a person ends when the person dies if the person has a reportable conviction or adjudication, other than an adjudication of delinquent conduct for: . . . .” Subsection(b) applies to Juvenile adjudications, and Subchapter I is based on the Individual Risk assessment and exemption. Since the statute effectively says if it is a reportable conviction or adjudication then life unless adjudication of delinquent conduct then if you have an adult then you are not going to have an adjudication of delinquent conduct therefore it is life. Subsection (c) confuses the matter when used in conjunction with the current statute. After looking at the law prior to 2005 in the Sex Offender Registration book TDCAA puts out I can see that this subsection was formerly 62.12(b) with only the “Except as provided by Subchapter I” added with the renumbering. This appears limited to “offenses other than an offense described by subsection(a),” and as my guy is an adult would potentially fall under 62.101(c)(2). Article 62.001(5)(G) in conjunction with 5(A) makes Attempt Aggravated Sexual Assault a “reportable conviction or adjudication.” In regards to offenses described by subsection(a) the term sexual violent offense is the only one that would reference Aggravated Sexual Assault by virtue of 62.001(6) however it does not make reference to Criminal Attempts. All that being laid out since 62.101 starts off with all reportable convictions and adjudications being registration for life except in effect Juveniles, and the only two exceptions being subsection(b) and Subchapter I where does that put Subsection (c) surplusage or still an exception? So based on the statue does anyone have any thoughts as to whether attempted sexual offenses are life registration or not? [This message was edited by K.C. on 12-08-10 at .] [This message was edited by K.C. on 12-08-10 at .] [This message was edited by K.C. on 12-10-10 at .] | ||
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