Sex Offender Registration for Indecency by Exposure
HYPO: Bad guy has no other register eligible crimes up to this point.
He pleds to 2 indecency with a child by exposure at the same time, on the same day.
Does he register for life or 10 years post?
April 21, 2006, 22:23
SAProsecutorIndecency with a child by exposure requires the defendant to register as a sex offender (CH. 62) for a period of 10 years.
Why would you think he needs to register for life just because he pled on two indecency-exposure?
April 23, 2006, 19:43
BLeonard62.01(5)(E) CCP defines a second conviction for indecent exposure under 21.08 TPC as a reportable conviction; that could be a source of some confusion. 62.101(a)(3) CCP says that a defendant is a lifetime registrant if he is convicted or adjudicated for an offense under 21.11(a)(2) TPC (indecency-exposure) if he receives or has received another reportable conviction. As I read the statute one guilty of exposure to a child who is convicted/adjudicated for a subsequent/previous exposure to a child (or any other reportable conviction)is a lifetime registrant. The question is whether pleading to more than one exposure to achild on the same day satisfies the "receives or has received another reportable conviction" requirement. I confess, I don't know the answer......
[This message was edited by BLeonard on 04-26-06 at .]
DPS has a section that interpets this stuff for the rest of us. Or, check out TDCAA's book on sex offender registration.