TDCAA TDCAA Community Criminal Which state's laws determines expiration of sex offender's duty to register?
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Our defendant was convicted of "carnal knowledge of a juvenile" in Louisiana & received 4 years of hard labor with the LA Dept. of Corrections. He was paroled in '04 with instructions to comply with their sex offender registration laws for the next 10 years. He ended up in our county this past February, was detained for panhandling and told our officer he'd been here 10 days, without having the common courtesy to notify our registration officer. Carnal knowledge of a juvenile in LA would be sexual assault of a child in TX. That gives this defendant a "reportable conviction or adjudication" for a "sexually violent offense" under CCP, Art. 62.001(5)(H) & (6)(E). Under Art. 62.101(a)(1), that would give him a lifetime duty to comply TX registration laws, making his failure to register a F3 under Art. 62.102(b)(2). However, Art. 62.052 states that the laws of the state a "extrajurisdictional registrant" was convicted in dictate how long such a registrant needs to comply. I can't find a definition for extrajurisdictional registrant, but it sounds like this defendant. If it is and 62.052 controls, his failure to comply would amount to only a SJF under 62.101(b) and 62.102(b)(1). | ||
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Member |
Extrajurisdictional registrant is defined under CCP Art. 62.001(10). I'm pretty sure your defendant qualifies and that the registration term would be governened by the laws of the State of his conviction/adjudication. So yes, I'd say this is a SJF. | |||
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Member |
Thanks. It was right there in 62.001(10). Like they say, if it was a snake, it would have bit me. But I think this is F3. This defendant passes (A) but flunks (B). | |||
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TDCAA TDCAA Community Criminal Which state's laws determines expiration of sex offender's duty to register?
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