Texas Sex Offenders Face Complex Web of Restrictions

10-12-2012 Texas:

Texas law requires nearly all people convicted of sexually-based offenses to register with the state sex offender registry. In addition, many municipalities impose even stricter restrictions.

Texas law requires nearly all people convicted of sexually-based offenses to register with the state sex offender registry. Depending on the severity of the offense, the registration requirement may be as short as 10 years or as long as the rest of the offender's life.

Failure to register is a serious criminal offense that can quickly land a released offender back in prison.

The Texas sex offender registry is operated by the Texas Department of Public Safety. The public database lists the names of convicted sex offenders, their crimes and their current addresses. In addition, offenders are ranked from Level 1 to Level 3 depending on their perceived risk of reoffending. Level 3 offenders are deemed by Department of Public Safety as having the highest risk of committing another crime.

Sex offender registration places a number of limitations on people's lives. For example, being listed on the sex offender registry can make it very difficult to find a job. In addition, registration can significantly affect privacy, since postcards with offenders' names and photographs are sent out whenever they move.

State law also prohibits paroled sex offenders from being within 500 feet of places where children are known to congregate. This "Child Safety Zone" restriction is lifted once the offenders' probation is over.

Texas Municipal Sex Offender Ordinances

The state restrictions apply to all registered sex offenders. It would be a mistake, though, to assume that state law sets a uniform standard. Many Texas municipalities have instituted their own limitations on where registered sex offenders can visit, work and live. As a result, many offenders encounter a confusing patchwork of regulations that can change dramatically depending on where they are on any given day.

The city of Edinburg is one of the most recent additions to the list of municipalities with their own sex offender restrictions. The city -- which is home to just over 100 registered sex offenders -- now prohibits anybody convicted of a sex crime from remaining on the premises or returning to a place where children congregate after being asked to leave. There is an exception for individuals who are either picking up their own children or simply passing by in a vehicle.

In addition, Edinburg's ordinance prohibits registered sex offenders from participating in trick-or-treat nights. Instead they must stay inside, turn off all outside lights and hang a sign that says "No Candy." Sex offenders who violate the city's ordinance can be fined $2,000.

Other cities go much further -- a number of municipalities prohibit registered sex offenders from residing within 1,500 feet of any location where children commonly gather. As a result, many offenders are unable to find suitable places to live in residential neighborhoods. Some have been forced into homelessness or transient motel living.

Although these rules are intended to protect the public safety, they often have the unintended result of making it extremely difficult for convicted sex offenders to regain a foothold in society after serving their sentences.

Still, because violation of these ordinances can have such negative consequences, it is important for registered sex offenders to be sure that they are in compliance with state and local laws at all times. People who have questions about the laws in their community should talk with a Texas sex crimes defense attorney who can help them understand all applicable restrictions. ..Source.. by The Law Offices of Tad Nelson & Associates