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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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Can a Sex Offender charged with Possession of Child Pornography

Resolved Question:

Can a Sex Offender charged with Possession of Child Pornography file for Deregistration in the State of Texas?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you.

Has the Sex Offender already been convicted of Possession of Child Pornography?

If so, are you asking if he can file for deregistration?

Please clarify. Thanks
Customer: replied 2 years ago.
He was convicted in September of 2002.
Expert:  xavierjd replied 2 years ago.
I need to look something up for you. I'll be back in a few minutes. Thanks for your patience.
Customer: replied 2 years ago.
I will be waiting for your response. Thank You very Much.
Customer: replied 2 years ago.
Do you have an answer yet to my question? Thank You
Expert:  xavierjd replied 2 years ago.
Adult sex offenders may ask a court for an early termination of registration in cases where Texas law requires registration for a period of time that exceeds the minimum required registration period under the federal Jacob Wetterling Act.

CODE OF CRIMINAL PROCEDURE

CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS


Art. 62.404. MOTION FOR EARLY TERMINATION. (a) A person required to register under this chapter who has requested and received an individual risk assessment under Article 62.403 may file with the trial court that sentenced the person for the reportable conviction or adjudication a motion for early termination of the person's obligation to register under this chapter.

(b) A motion filed under this article must be accompanied by:

(1) a written explanation of how the reportable conviction or adjudication giving rise to the movant's registration under this chapter qualifies as a reportable conviction or adjudication that appears on the list published under Article 62.402(b); and

(2) a certified copy of a written report detailing the outcome of an individual risk assessment evaluation conducted under Article 62.403(b)(1).

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.


Art. 62.405. HEARING ON PETITION. (a) After reviewing a motion filed with the court under Article 62.404, the court may:

(1) deny without a hearing the movant's request for early termination; or

(2) hold a hearing on the motion to determine whether to grant or deny the motion.

(b) The court may not grant a motion filed under Article 62.404 if:

(1) the motion is not accompanied by the documents required under Article 62.404(b); or

(2) the court determines that the reportable conviction or adjudication for which the movant is required to register under this chapter is not a reportable conviction or adjudication for which the movant is required to register for a period that exceeds the minimum required registration period under federal law.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.

 

Art. 62.406. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF COURT. A person required to register under this chapter who files a motion for early termination of the person's registration obligation under this chapter is responsible for and shall remit to the council and to the court, as applicable, all costs associated with and incurred by the council in providing the individual risk assessment or by the court in holding a hearing under this subchapter.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.

back to index

Art. 62.407. EFFECT OF ORDER GRANTING EARLY TERMINATION. (a) If, after notice to the person and to the prosecuting attorney and a hearing, the court grants a motion filed under Article 62.404 for the early termination of a person's obligation to register under this chapter, notwithstanding Article 62.101, the person's obligation to register under this chapter ends on the later of:

(1) the date the court enters the order of early termination; or

(2) the date the person has paid each cost described by Section 62.406.

(b) If the court grants a motion filed under Article 62.404 for the early termination of a person's obligation to register under this chapter, all conditions of the person's parole, release to mandatory supervision, or community supervision shall be modified in accordance with the court's order.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.

 

In essence, it is possible for a person to Petition the Court for early termination, but it is VERY difficult to prove all of the necessary information.

If the person is seeking to Petition the Court for early termination of registration, it is very important that s/he contact an attorney who specializes in criminal law. Sometimes an initial consultation is free or at a minimal charge. S/he can discuss the specific facts of his/her case, evaluate his/her options and decide how to proceed.

 

If the person that is wondering about early termination is the victim in the matter, s/he needs to be in constant contact with the prosecutor who tried the case and indicate to the prosecutor what his/her thoughts are as to the Motion for Early Termination.

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so that the thread can be closed and I can get credit for answering the question. Thank you.


xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3383
Experience: Over 20 yrs experience in prosecution and defense work
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