Failure to Register as a Sex Offender

Requirements to register as a sex offender in Texas are never ideal for anybody, but such demands need to be satisfied. When an individual fails to comply with their requirements, any violation could be considered a failure to register as a sex offender, which is a felony offense in Texas. You need to keep in mind that judges are typically less forgiving of alleged offenders who are accused of defying court orders. Failure to register offenses most commonly occur with people who travel often for their jobs or people who have recently relocated.

Failure to Register as a Sex Offender Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

Were you or your loved one arrested for alleged failure to register as a sex offender? Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.

Our firm will be able to help you achieve the most favorable outcome for your case that results in the fewest consequences. 

Failure to Register as a Sex Offender Charges in Texas

The Texas Sex Offender Registration Program is outlined in Chapter 62 of the Texas Code of Criminal Procedure. A person commits a criminal offense under Texas Code of Criminal Procedure § 62.051 if they are required to register and fails to comply with any requirement of Chapter 62.

Under Texas Code of Criminal Procedure § 62.051(a), any person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision is required to register or, if the person is a person for whom registration is completed, verify registration with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. When an individual does not reside or intend to reside in a municipality, they still need to register or verify registration in any county where they reside or intend to reside for more than seven days.

Failure to comply with registration requirements offenses are typically graded according to how often the alleged offenders were required to register. Most failure to register as a sex offender offenses are graded as follows:

  • State jail felony when a person was required to register once a year for (ten) 10 years;
  • Third-degree felony when a person was required to register once a year for life; or
  • Second-degree felony when a person was required to register every 90 days for life.

Punishments may be increased to the next highest degree of a felony when an alleged offender has previously been convicted of an offense or an attempt to commit a failure to comply with registration requirements offense, or they fraudulently used identifying information in violation of Texas Penal Code § 32.51 during the commission or attempted commission of the alleged offense.

Sex Offender

Failure to Register as a Sex Offender Penalties in Dallas

A conviction for failure to register as a sex offender is usually subject to statutory maximum sentences, which are as follows:

  • State jail felony — Up to two years in county jail and/or a fine of up to $10,000;
  • Third-degree felony — Up to 10 years in prison and/or a fine of up to $10,000;
  • Second-degree felony — Up to 20 years in prison and/or a fine of up to $10,000; or
  • First-degree felony — Up to 99 years or life in prison and/or a fine of up to $10,000.

Under the federal failure-to-register offense found in 18 U.S.C. §2250, failure to register or update a registration as required where circumstances supporting federal jurisdiction exist, such as interstate or international travel or travel on or off an Indian reservation by a sex offender, or a conviction for a federal sex offense for which registration is required, a federal criminal penalty of up to 10 years of imprisonment exists for sex offenders required to register under Sex Offender Registration and Notification Act (SORNA).

Failure to Register as a Sex Offender Defenses in Texas

Many failures to register offenses involve alleged offenders who simply missed one-time appointments, and people could have a wide variety of plausible excuses that could justify their inability to attend such meetings when they have not had any other issues with their compliance. Keep in mind that some people can be accused of this offense when they actually did register.

Police or other state agency filing errors could be to blame for a person being accused of a failure to register despite their having complied with all requirements. Some people may have simply been confused about what their reporting obligations were at the times of their alleged offenses and an attorney could be able to again call attention to otherwise lawful compliance with other requirements to seek forgiveness for a single oversight.

Dallas County Failure to Register as a Sex Offender Resources

The Dru Sjodin National Sex Offender Public Website (NSOPW) — The National Sex Offender Public Registry (NSOPR) was renamed for Dru Sjodin in 2006. Sjodin was a 22-year-old Grand Forks, North Dakota college student who was kidnapped and murdered by a sex offender registered in Minnesota. Visit this website to search for sex offenders by name, address, zip code, county, city, or town, and also view an interactive map of public registry sites and read answers to frequently asked questions.

Texas Sex Offender Registration Program Frequently Asked Questions (FAQs) — Get answers to 20 of the most commonly asked questions about sex offender registration on this section of the Texas Department of Public Safety (TxDPS) website. Learn more about who is required to register, what constitutes a reportable conviction or adjudication, and who sex offenders register with. You can also learn about how the public is notified when sex offenders live in their community, numeric risk levels, and lengths of required registration.

Find A Dallas County Defense Attorney for Failure to Register as a Sex Offender Charges | Law Offices of Richard C. McConathy

If you or a loved one were arrested for alleged failure to register as a sex offender in Dallas or another community in Texas, you will want to quickly retain legal counsel. 

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.