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I have a fried who is on the sex offender list. He got a 16…

Customer Question
I have a fried...

I have a fried who is on the sex offender list. He got a 16 year old girl pregnant when he was 19. This happened in 2003. I'm trying to find a lawyer to help get him off the sex offender register. He is in Texas and wants to move to MD and have a c;

Lawyer's Assistant: Have charges been filed? If so, when is the next court date?

THE GIRLS FATHER PRESSED CHARGES BACK IN 2003. The sex was consentual (excuse spelling), but he still got charged ad put on the list. He is far from being a sex offender.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I guess that is it.

Submitted: 9 months ago.Category: Criminal Law
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Answered in 4 minutes by:
8/4/2017
Criminal Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 13,015
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Criminal Lawyer: legalgems, Lawyer replied 9 months ago

Here are the rules for length of registration:

Lifetime registration is required for the following offenses:

1. a “sexually violent offense” – the following offenses committed by a person 17 years of age or older:

  • continuous sexual abuse of young child or children (Section 21.02, Penal Code);
  • indecency with a child by contact (Section 21.11(a)(1), Penal Code);
  • sexual assault (Section 22.011, Penal Code);
  • aggravated sexual assault (Section 22.021, Penal Code);
  • sexual performance by a child (Section 43.25, Penal Code);
  • aggravated kidnapping, if committed with the intent to violate or abuse the victim sexually (Section 20.04(a)(4), Penal Code);
  • burglary (Section 30.02, Penal Code), if the premises burglarized was a habitation and the offense was committed with the intent to commit continuous sexual abuse of young child or children, indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping committed with the intent to violate or abuse the victim sexually; and
  • an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.

2. trafficking of persons (Section 20A.02(a)(3, (4), (7), or (8).

3. prohibited sexual conduct (Section 25.02, Penal Code);

4. compelling prostitution of a minor (Section 43.05(a)(2), Penal Code);

5. possession or promotion of child pornography (Section 43.26, Penal Code);

6. indecency with a child by exposure (Section 21.11(a)(2), Penal Code), if before or after being convicted or adjudicated for this offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration; and

7. unlawful restraint (Section 20.02, Penal Code), kidnapping (Section 20.03, Penal Code), or aggravated kidnapping (Section 20.04, Penal Code) and the judgment in the case contains an affirmative finding that the victim or intended victim was younger than 17 years of age and, if before or after the person is convicted or adjudicated for one of these offenses, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration.

8. obscenity (Section 43.23, Penal Code), if the punishment is increased due to the obscene material visually depicts a “child” engaging in sexually explicit activities.

Adult sex offenders will register for 10 years following discharge from state supervision for any offense that does not require a lifetime registration (i.e. attempted sexual assault and second indecent exposure).

However, for issues concerning a minor over the age of 15, when the offender is no more than 4 years older, the lifetime registration can be waived:

an adult offender may ask a court for an exemption only if (1) the offenses resulted in a conviction or deferred adjudication community supervision for indecency with a child (Section 21.11, Penal Code) or sexual assault (Section 22.011, Penal Code); (2) the victim was at least 15 years of age and the offender was not more than four years older than the victim, at the time of the offense, and (3) the offense involved consensual conduct. Additionally, adult sex offenders may ask a court for an early termination of registration after the offender has received an individual risk assessment and by explaining how the reportable conviction or adjudication’s registration period exceeds the minimum required registration period under the federal law.

Here are the required forms and instructions:

https://www.dshs.texas.gov/csot_EarlyTerm.shtm

Only TX has the authority to do this as that is the state with jurisdiction.

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Criminal Lawyer: legalgems, Lawyer replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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