Newest Trends in Juvenile Law

I. Overview of Sex Offender Registration Laws

A. Historical Basis

Texas enacted a sex offender registration system in 1991 that applied to both adults and juveniles. This original version was meant to be confidential and only for use by law enforcement officers during criminal investigations. This changed dramatically in 1994 with the enactment of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. §14071, which introduced public registration.

There have been several sex offender laws since, including Megan’s Law, requiring notification when a sex offender moves into a neighborhood. All of these laws have one thing in common: they stem from horribly violent acts perpetrated by adults against children. Unfortunately, they also apply to juveniles without regard to the differences between child offenders and adult predators. Statutes designed to address the cases of adults preying on children were thus expanded to include child offenders often experimenting with other children of a similar age.

B. Turbulence Ahead?

1. New Federal Legislation

The United States Congress recently enacted legislation requiring each state to comply with the federal Sex Offender Registration and Notification Act (SORNA) or lose millions of dollars in federal funding. Also known as the Adam Walsh Act, its text is available on the Department of Justice website. Several sections of SORNA are retroactive, and while nothing has changed yet in the Texas juvenile registration system, its impact remains uncertain.

A key question is whether children who were previously exempted or successfully deregistered could be required to register again. While there is no definitive answer, SORNA states that juveniles prosecuted and convicted as adults of a sex offense are covered under its provisions and treated the same as adult sex offenders. Juvenile offenders not prosecuted as adults are generally not required to register under SORNA unless:

• The offender was 14 years of age or older at the time of the offense and

• The juvenile was adjudicated delinquent for an offense comparable to or more severe than aggravated sexual abuse under 18 U.S.C. § 2241.

Aggravated sexual abuse includes engaging in a sexual act with a child under 12 years old (see 18 U.S.C. § 2241(c)). Other comparable offenses include:

• Engaging in a sexual act with another by force or the threat of serious violence (18 U.S.C. § 2241(a)).

• Engaging in a sexual act with another by rendering them unconscious or involuntarily drugging them (18 U.S.C. § 2241(b)).

• Engaging in a sexual act with a child under the age of 12 (18 U.S.C. § 2241(c)).

While the landscape may be changing rapidly, SORNA has many opponents, and for now, Texas juvenile registration laws remain unaffected. However, SORNA must be implemented by July 27, 2009, or non-compliant jurisdictions will face a 10% reduction in federal funding through the Byrne Justice Assistance Grant.

At least for now, the following key differences between juvenile and adult sex offender cases remain:

1. Juvenile adjudications can be exempted or deregistered, unlike adult cases.

2. Juvenile registration can be deferred while the juvenile is on probation or in Texas Youth Commission (TYC) custody.

3. Juvenile registration can be nonpublic.

4. Retroactivity is not an impediment in juvenile cases.

5. There are no limits on the number of juvenile adjudications that can be considered.

6. Registration lasts only 10 years after disposition or end of supervision, whichever is longer.

C. New Texas School Provisions

1. Notification to Schools Required

(a) A law enforcement agency that arrests any person or refers a child to juvenile authorities who is believed to be enrolled in a public primary or secondary school must notify the school superintendent within 24 hours of the arrest or referral (or on the next school day).

If the law enforcement agency cannot confirm whether the individual is enrolled in school, it must still notify the superintendent of the district where the student is believed to be enrolled. The superintendent must promptly inform all instructional and support personnel responsible for the student's supervision. All personnel must keep the information confidential, and violations of confidentiality can lead to suspension or revocation of educator certification by the State Board for Educator Certification.

Within seven days of the oral notification, law enforcement must send a written notification, marked “PERSONAL and CONFIDENTIAL”, detailing the arrest or referral. The notice must contain enough information for school administrators to determine whether the student has committed a felony offense under the Texas Penal Code.

(a-1) The superintendent may provide this confidential information to school employees with direct supervisory responsibility over the student, if necessary for educational purposes or for the protection of others.

(b) Upon conviction, deferred prosecution, or adjudication of delinquent conduct for an offense listed under Subsection (h), the prosecuting attorney must notify the superintendent within 24 hours whether the student is required to register as a sex offender under Chapter 62.

The superintendent must then notify all instructional and support personnel who have regular contact with the student within 24 hours.

Within seven days, the prosecutor’s office must send a written notice stating:

• The offense for which the student was convicted/adjudicated.

• Whether the student must register as a sex offender under Chapter 62.

(c) Transfer of Students

• If a parole or probation office learns that a student transfers to a new school district after an arrest, referral, conviction, or adjudication, the new school must be notified.

• New school officials must inform all instructional and support personnel who regularly interact with the student.

(d) The superintendent may share confidential information with relevant school employees for educational or security purposes.

(e) Private School Notification

• If law enforcement arrests or refers a student enrolled in a private school, the principal (or a designated school official) must be notified within 24 hours.

• The prosecuting attorney must notify the private school of convictions, deferred prosecution, or adjudications.

• Private school officials must keep the information confidential.

(f) Confidentiality and Violations

• Any person who receives information under this article may not disclose it except as allowed by law.

• Intentional violations of confidentiality constitute a Class C misdemeanor.

(g) If a student is removed to a disciplinary alternative education program under Section 37.006 of the Texas Education Code, the prosecutor must notify the school within two working days if:

1. The case was refused for prosecution due to lack of evidence, or

2. The court found the student not guilty or dismissed the case.

(h) This section applies to felonies and specific misdemeanors, including:

• Unlawful Restraint (20.02), Indecent Exposure (21.08), Assault (22.01), Deadly Conduct (22.05), Terroristic Threat (22.07), Engaging in Organized Crime (71.02) under the Penal Code.

• Unlawful possession or use of controlled substances, drug paraphernalia, or marijuana under Chapter 481, Health and Safety Code.

• Unlawful possession of prohibited weapons under Penal Code Section 46.01-46.05.

(i) Electronic notification may substitute for oral notification.

(j) The sex offender notification provisions in this section do not eliminate additional registration requirements under Chapter 62. do not lessen the requirement of a person toprovide any additional notification prescribed by that chapter. 

2. Removal of Sex Offender from the Regular Classroom

As of September 1, 2007, there is an entirely new procedure for educating (and removing) students who must register as a sex offender. If the student is under court supervision for a sex offense, the school district must remove the student to an alternative education placement for at least one semester.

The law reads as follows:

SECTION 3. Chapter 37, Education Code, is amended by adding

Subchapter I to read as follows:

SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS

Sec. 37.301. Definition.

In this subchapter, “board of trustees” includes the board’s designee.

Sec. 37.302. Applicability.

This subchapter:

1. Applies to a student who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and

2. Does not apply to a student who is no longer required to register as a sex offender under Chapter 62, including a student who receives an exemption from registration or an early termination of the obligation to register.

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Sec. 37.303. Removal of Registered Sex Offender from Regular Classroom.

Notwithstanding any provision of Subchapter A, on receiving notice under Article 15.27, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, that a student is required to register as a sex offender, a school district shall remove the student from the regular classroom and determine the appropriate placement of the student in the manner provided by this subchapter.

Sec. 37.304. Placement of Registered Sex Offender Who Is Under Court Supervision.

(a) A school district shall place a student under any form of court supervision, including probation, community supervision, or parole, in the appropriate alternative education program as provided by Section 37.309 for at least one semester.

(b) If a student transfers to another school district during the mandatory placement period, the receiving district may:

1. Require the student to complete an additional semester in an alternative education program without conducting a review of placement for that semester under Section 37.306; or

2. Count any time spent in an alternative education program from the previous district toward the mandatory placement requirement.

Sec. 37.305. Placement of Registered Sex Offender Who Is Not Under Court Supervision.

A school district may place a student who is not under any form of court supervision in an alternative education program for one semester or in the regular classroom. However, the student may not be placed in the regular classroom if the district board of trustees determines that the student’s presence:

1. Threatens the safety of other students or teachers;

2. Will be detrimental to the educational process; or

3. Is not in the best interests of the district’s students.

Sec. 37.306. Review of Placement in Alternative Education Program.

(a) At the end of the first semester of placement, the school district board of trustees shall convene a committee to review the student’s placement. The committee must include:

1. A classroom teacher from the student’s assigned campus;

2. The student’s parole or probation officer, or a local juvenile probation department representative;

3. An instructor from the alternative education program;

4. A school district designee; and

5. A school counselor.

(b) The committee shall determine and recommend whether the student should be returned to the regular classroom or remain in the alternative education program.

(c) If the committee recommends returning the student to the regular classroom, the board shall return the student unless the board determines that the student’s presence:

1. Threatens the safety of other students or teachers;

2. Will be detrimental to the educational process; or

3. Is not in the best interests of the district’s students.

(d) If the committee recommends continued placement, the board shall continue the student’s placement unless it determines that the student’s presence does not:

1. Threaten the safety of others;

2. Harm the educational process; or

3. Contradict the best interests of the district’s students.

(e) If the board decides to keep the student in the alternative education program, it must convene a new committee before the start of each school year to review the placement decision.

Sec. 37.307. Placement and Review of Student with Disability.

(a) The placement of a student receiving special education services must comply with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).

(b) The review of placement for a special education student may only be conducted by a duly constituted Admission, Review, and Dismissal (ARD) committee. The ARD committee may request assistance from the review committee in making its determination.

Sec. 37.308. Transfer of Registered Sex Offender.

Except as provided under Section 37.304(b), a school district shall determine whether to place a transferring student in an alternative education program or a regular classroom. The district must follow the procedures outlined in Section 37.306 when making this determination.

Sec. 37.309. Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program.

(a) A school district shall place a student required to attend an alternative education program in a disciplinary alternative education program.

(b) A student must be placed in a juvenile justice alternative education program if:

1. The school district’s memorandum of understanding with the local juvenile board requires placement in such a program; or

2. A court order mandates placement in a juvenile justice alternative education program.

Sec. 37.310. Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program.

A juvenile justice alternative education program is entitled to funding in the same manner as it would be for an expelled student placed in the program under Section 37.012.

Sec. 37.311. Conference.

(a) A student or their parent/guardian may appeal a school district’s decision to place the student in an alternative education program by requesting a conference with the board of trustees. (b) The conference is limited to the factual question of whether the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure. (c) If the board determines the student is required to register, the student must be placed in an alternative education program under this subchapter. (d) A decision by the board under this section is final and may not be appealed.

Sec. 37.312. Liability.

This subchapter does not:

1. Waive any liability or immunity for governmental entities, officers, or employees; or

2. Create any liability or cause of action against governmental entities, officers, or employees.

Sec. 37.313. Conflicts of Law.

If a conflict exists between this subchapter and Subchapter A, this subchapter prevails.

II. Registration Requirements

A. Art. 62.051. Registration

(a) A 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 must register or, if already registered, verify registration as provided in Subsection (f) with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. If the person does not reside in a municipality, registration must occur with the law enforcement authority in the county where they reside or intend to reside for more than seven days.

The person must satisfy these requirements no later than:

1. The seventh day after arriving in the municipality or county, or

2. The first available registration date as determined by the law enforcement authority’s policy.

(b) The department shall provide the Texas Department of Criminal Justice, Texas Youth Commission, Texas Juvenile Probation Commission, local law enforcement authorities, campus security authorities, county jails, and courts with forms for registering persons required to register under this chapter.

(c) The registration form must require:

1. The person’s full name, aliases, date of birth, sex, race, height, weight, eye color, hair color, Social Security number, driver’s license number, shoe size, and home address.

2. A recent color photograph or digital image and a complete set of fingerprints.

3. The type of offense, age of the victim, date of conviction, and punishment received.

4. An indication of whether the person is discharged, paroled, or on juvenile probation, community supervision, or mandatory supervision.

5. An indication of any license held or sought by the person (as defined by Article 62.005(g)).

6. An indication of whether the person is employed, carrying on a vocation, or a student at a public or private institution of higher education in any state, along with the name and address of that institution.

7. Any other information required by the department.

(d) The registration form must contain a statement and description of any registration duties the person may have under this chapter.

(e) Within three days of a person’s registration, the local law enforcement authority must send a copy of the registration form to the department and, if applicable, to any campus security authority for an institution of higher education where the person resides.

(f) A person whose registration is completed under this chapter must verify the accuracy of the registration form by presenting proof of identity and residence to the local law enforcement authority. If the information is complete and accurate, the person must sign the form. If the information is incomplete or inaccurate, the person must correct and update the form before signing it.

(g) The person must ensure that their registration form remains complete and accurate as required by Subsection (c).

(h) If a registered person does not move to an intended residence within seven days of release or leaving a previous residence, the person must:

1. Report to their juvenile probation officer, community supervision officer, or parole officer within seven days of leaving their previous residence and provide the address of their temporary residence.

2. Continue to report weekly to their supervising officer until they move to a permanent residence and provide updates regarding their temporary residence.

(i) If a person with a reportable conviction or adjudication resides in Texas but works or studies in another state, they must register with the designated law enforcement authority of that state within ten days of beginning work or school.

B. Art. 62.005. Central Database; Public Information

(a) The department shall maintain a computerized central database containing only the information required for registration under this chapter. The department may include in the database the numeric risk level assigned to a registrant.

(b) The information in the database, including the numeric risk level, is public information, except for:

1. The registrant’s Social Security number, driver’s license number, or telephone number.

2. Information required under Article 62.051(c)(7).

3. Any information that would identify the victim of the registrant’s offense.

(c) Notwithstanding Chapter 730, Transportation Code, the department must maintain and post on any relevant department website any available photograph of the registrant, obtained through the process of acquiring or renewing a driver’s license or identification card. This photograph must be updated annually or as it becomes available through the renewal process.

(d) A local law enforcement authority must release public information as described in Subsection (b) upon request. The authority may charge a fee to cover administrative costs related to the release of the information.

(e) The department must notify a licensing authority if a registered person holds or applies for a license issued by that authority. This notification must occur as soon as applicable licensing information is available through registration or verification.

(f) Upon written request from a licensing authority identifying an individual as a license applicant or holder, the department must release any registration information described in Subsection (a) to the requesting authority.

(g) For the purposes of Subsections (e) and (f):

1. “License” means a license, certificate, registration, permit, or authorization that:

   • Is issued by a licensing authority.

   • Is required to engage in a specific business, occupation, or profession.

2. “Licensing authority” refers to any department, commission, board, office, or agency of the state or local government that issues licenses.

(h) Within three days of relevant information becoming available through a registrant’s verification process or Article 62.058, the department must send notice of any registered individual who is or will be employed, carrying on a vocation, or enrolled at a public or private institution of higher education to:

1. If the institution is located in Texas:

   • The campus security authority of that institution, or

   • If no campus security authority exists, the local law enforcement authority of:

     • The municipality where the institution is located, or

     • The county where the institution is located if outside a municipality.

2. If the institution is in another state, the campus security authority of that institution (if one exists).

(i) Upon written request from an institution of higher education identifying an individual as a job or school applicant, the department must release the individual’s registration information to the institution.

III. Exemption of Juvenile Sex Offenders

A. Alternatives to Exemption Hearing

1. Persuade the State not to file the case.

2. Negotiate a plea to an offense that does not require sex offender registration.

3. Deferred prosecution – does not trigger any registration requirements.

4. Convince the State to waive the hearing; the court must grant the exemption if not part of a plea agreement (Art. 62.355, Code of Criminal Procedure).

5. A plea bargain can specify no registration, but unlike a waiver, it is subject to court approval.

6. Plea bargain deferring registration, also subject to court approval.

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B. Exemption Hearing

If the State or court does not use the above options, the exemption hearing follows the procedure outlined in Article 62.351:

(a) During or after disposition of a case under Section 54.04, Family Code, for adjudication of a sex offense requiring registration, the juvenile court, on motion of the respondent, shall conduct a hearing to determine if public interests require registration. The motion may be filed and the hearing held even if the respondent is 18 or older. Notice of the motion and hearing must be provided to the prosecuting attorney.

(b) The hearing is without a jury, and the burden of persuasion is on the respondent to show by a preponderance of evidence that the criteria of Article 62.352(a) have been met. The court may base its decision on:

1. Exhibits presented;

2. Testimony of witnesses;

3. Representations by counsel for the parties; or

4. A social history report from the juvenile probation department, which may include testing and examination results from psychologists, psychiatrists, or counselors.

(c) All written material considered by the court must be disclosed to all parties (Section 54.04(b), Family Code).

(d) If the respondent agrees, as part of a plea, not to file a motion for exemption, the court may not recognize any later motion filed by the respondent.

C. Art. 62.352. Order Generally

(e) The court shall grant an exemption order if it determines:

1. Public protection would not be increased by requiring registration, or

2. The harm to the respondent and their family outweighs the potential increase in public protection.

(b) Following an Article 62.351 hearing or a plea agreement under Article 62.355(b), the court may order:

1. Deferred registration until the respondent completes treatment as a condition of probation or Texas Youth Commission commitment, or

2. Restricted, non-public registration, limited to law enforcement, the Council on Sex Offender Treatment, and institutions of higher education.

(c) If the court defers registration under (b)(1), it retains jurisdiction and may later require or exempt registration. However, registration cannot be required during treatment. If treatment is successfully completed, the respondent is automatically exempted from registration, unless the State moves for a hearing and the court determines public interest requires registration. The treatment provider must notify the court and prosecutor within 10 days of successful completion.

(d) Non-public registration information cannot be posted online or disclosed to the public.

IV. Deregistration

A. General Overview

This type of hearing allows currently registered offenders to be excused from further compliance with registration laws. Recent amendments now allow deregistration of juvenile sex offenders who move to Texas from other states.

B. Art. 62.353. Deregistration Process

(a) A person who has registered as a sex offender for an adjudication of delinquent conduct, regardless of when the offense or adjudication occurred, may file a motion in the juvenile court for a hearing seeking:

1. Exemption from registration (Art. 62.351), or

2. An order making registration nonpublic (Art. 62.352(b)(2)).

(b) A motion may be filed in the original juvenile case, even if the registrant is 18 or older at the time of filing. The prosecuting attorney must be notified, and a hearing must be provided as in other cases under this subchapter.

(c) Only one subsequent motion may be filed if a previous motion has already been considered.

(d) The motion should identify all agencies and organizations (public or private) that possess registration information, including institutions of higher education.

(e) After a hearing, the juvenile court may:

1. Deny the motion.

2. Grant deregistration (Art. 62.351 exemption).

3. Make registration nonpublic (Art. 62.352(b)(2)).

(f) If the court grants the motion, the court clerk must notify, via certified mail, the Texas Department of Public Safety (DPS), local law enforcement, and all agencies that hold registration information. The registrant must pay $20 per agency for notification.

(g) If a new agency or organization later obtains sex offender registration information, the registrant may request the court to send additional notices.

(h) Agencies receiving a deregistration order must delete or change registration records. However, public and private institutions of higher education are exempt from deletion requirements.

(i) Private agencies that do not comply with a deregistration order within 30 days will be barred from obtaining sex offender registration information in the future.

C. Analysis

Deregistration is often more complex and expensive than exemption. It requires reopening a previously closed case and convincing the adjudicating court to excuse registration. Many modern cases do not require deregistration due to deferred registration options. The court may also order non-public registration instead of full deregistration.

D. Jurisdiction and Filing

(b) The motion must be filed in the original juvenile case, even if the registrant is now 18 or older.

E. Deregistration Is Now a Two-Time Opportunity

(c) Previously, only one motion for deregistration was allowed. Now, a second opportunity exists.

F. Identification of Law Enforcement Agencies

Counsel must identify and serve a deregistration order on all law enforcement agencies with access to the registrant’s data. This includes local, national, and internet-based groups. DPS must ensure compliance within 30 days, or agencies may be barred from accessing sex offender data in the future.

(Note: Higher education institutions are not required to delete registration information.)

V. Consequences for Failure to Register

Art. 62.102, Code of Criminal Procedure outlines penalties for failure to comply with registration requirements:

(a) A person commits an offense if they fail to comply with any registration requirements.

(b) The offense classification depends on the duration of the registration requirement:

1. State Jail Felony – if registration expires under Art. 62.101(b) or (c).

2. Third-Degree Felony – if registration expires under Art. 62.101(a) and requires annual verification (Art. 62.058).

3. Second-Degree Felony – if registration expires under Art. 62.101(a) and requires 90-day verification (Art. 62.058).

(c) If a person has a prior conviction for failure to register, the punishment is increased to the next highest felony level.

VI. Practical Applications

A. Gather Information Concerning Respondent and Respondent’s Family

The legal test in these cases considers protection of the public but emphasizes whether any increase in public protection is outweighed by the anticipated harm to the respondent and their family. As a juvenile’s advocate, it is essential to evaluate the impact of the registration process or anticipated exemption process on the respondent and their family. Key factors to consider include:

1. Respondent is Not a Threat to Re-offend

• Age of Respondent

• Lack of Weapon Use

• Age of Complainant

• Good Academic Record

• Career Plans

• Family Support System

• Nature of Contact

• Treatment Records

• Abel Screening Results

• Probation Performance

• Registered Sex Offender Therapist’s Opinion

2. Substantial Harm to the Respondent and Their Family

• Hostile Neighbors

• Difficulty in Finding Employment

• Denial of College Admissions

• Loss of Scholarship Opportunities

• Mental Health Issues (Depression, Anxiety, etc.)

• Physical Harm or Assaults

• Property Damage

3. Potential for Public Protection

• Intensive Supervision at Home

• Intensive Supervision at School

• Intensive Supervision While on Probation

• Intensive Supervision While on Parole

• No DOJ Statistics Supporting Deterrent Effect from Registration

• No Scientific Evidence Supporting Registration as a Deterrent

The harm to the respondent and family is often more demonstrable in deregistration cases. For instance, families may have been forced to move due to registration requirements, or siblings may have faced ridicule at school due to online registration records.

Additionally, juvenile appearance at the time of the offense should be considered. A 23-year-old seeking deregistration may appear vastly different from how they looked at 13 years old. Providing a picture from the time of the offense can help contextualize the case for the court.

B. Experts

It is crucial to obtain all psychological and psychiatric records of the respondent. This includes:

• Medical and psychological evaluations

• Treatment history and success records

• Consultations with treating experts

• Independent evaluations by Registered Sex Offender Therapists

Experts can provide valuable insight into the risk of reoffending and rehabilitation progress.

C. Work with Your Prosecutors

Prosecutors may agree to exemption or deregistration without requiring a formal hearing. To improve the chances of success:

• Provide supporting records and expert opinions

• Offer statements from teachers, co-workers, and community members

• Demonstrate that the respondent is not perceived as a threat by their community

Prosecutors may also agree to:

• Limited (non-public) registration

• Deferred registration

• Waive a hearing (if not part of a plea bargain, the court must approve the exemption/deregistration)

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D. Know Your Probation Officer(s)

A probation officer’s opinion can be pivotal. Key steps include:

• Identify all probation officers involved

• Determine their stance on the case

• Obtain probation reports and recommendations

• Address any negative reports before the hearing

A favorable probation officer recommendation can significantly influence hearing outcomes.

E. Be Sensitive to the Victim and the Victim’s Family

The victim and their family are part of the public and may be allowed to testify regarding public protection concerns. Key considerations:

• They should not re-litigate the offense

• Their valid, current concerns should be addressed

• Some victims' families may be open to forgiveness, especially given the young age of the respondent at the time of the offense

Engaging with prosecutors may provide insights into the victim’s stance and allow for proactive preparation of mitigating information.

F. Know Your Judge

Some courts are more inclined to require registration than others. It is critical to emphasize:

• Differences between juvenile and adult sex offenders

• Lower recidivism rates for juveniles

• Potential for rehabilitation

• Presentation of a photo from the time of the offense

If the State waives its right to a hearing, the court must grant the exemption or deregistration. Court discretion is eliminated unless a plea bargain is involved.

G. Sealing of Records

Under Section 58.003(n), adjudication and disposition records cannot be sealed while registration is required. Once registration is removed due to deregistration, exemption, or expiration, the underlying offense may be sealed—as long as all statutory requirements are met.

Exceptions:

• Determinate sentencing cases cannot be sealed (58.003(b), Family Code).

VII. Closing Thoughts on Texas Juvenile Sex Offender Registration Laws

Juveniles Really Are Different

Research and expert opinions overwhelmingly support the notion that juvenile sex offenders can be rehabilitated. The Texas Legislature has acknowledged this by allowing:

• Exemptions from registration

• Deregistration procedures

• Non-public registration options

Juveniles who made mistakes early in life now have a chance to move forward without a permanent scarlet letter. Counsel should actively pursue exemption and deregistration to protect the future of young offenders.

ENDNOTES

1. Reportable Adjudication (Art. 62.001(5)(H), Texas Code of Criminal Procedure) includes convictions for offenses such as:

   • Indecency with a Child (21.11, Penal Code)

   • Sexual Assault (22.011, Penal Code)

   • Aggravated Sexual Assault (22.021, Penal Code)

   • Compelling Prostitution (43.05, Penal Code)

   • Possession or Promotion of Child Pornography (43.26, Penal Code)

   • And others listed in Article 62.001(5)(H)

2. Out-of-State Juvenile Offenders & Registration (Art. 62.354):

   • Juveniles required to register due to an out-of-state adjudication may petition for exemption or removal from the Texas registry.

   • A hearing must be conducted, and the court will determine eligibility based on similar procedures outlined in Art. 62.351 and 62.353.

   • An order for deregistration applies only to Texas registration records.

By Admin | Published April 17, 2009 | Posted in Uncategorized