Failure to Comply

Failure to Comply with Registration Requirements

A person commits the offense of Failure to Comply with Registration Requirements if he is required to register as a sex offender in Texas and fails to comply with any requirement. The date the indictment was presented and the day of the offense, if any occurred, shall not be computed within the three (3) year statute of limitation period for this criminal offense.

If you were charged with the offense of Failure to Comply with Registration Requirements, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary represents clients charged with this serious felony offense throughout Bexar County, TX, and the surrounding counties of Guadalupe County, Kendall County, Comal County, Wilson County, Atascosa County, Medina County, and Bandera County.

Call Don Flanary at (210) 738-8383 to discuss your case today.

Elements of the Failing to Comply Statute

The criminal offense of failing to comply with registration requirements requires proof beyond all reasonable doubt of the following elements:

• the defendant is required by law to register under the Sex Offender Registration Program in Texas;
• the defendant has a change of address and fails to report in person to the local law enforcement authority in the municipality or county in which the person’s new residence is located;
• not later than the later of the seventh day after changing the address or the first date the applicable local law enforcement authority by policy allows the person to report and provide the authority with proof of identity and proof of residence.

Under Article 62.101(a) of the Texas Code of Criminal Procedure, the duty to register as a sex offender ends when depending on the type of conviction, either:

• the person dies; or
• on the 10th anniversary of the date on which the disposition is made or the person completes the terms of the disposition, whichever date is later; or
• on the 10th anniversary of the date on which the court dismisses the criminal proceedings against the person and discharges the person;
• the person is released from a penal institution; or – the person discharges from community supervision, whichever date is later.

Crimes with a Duty to Register for Life

Under the Code of Criminal Procedure in Article 62.101, the penalty ranges for certain convictions in Texas require a duty to register for life including:

• Continuous Sexual Abuse

• Indecency With a Child

• Sexual Assault

• Aggravated Sexual Assault

• Sexual Performance by a Child

• Aggravated Kidnapping (with intent to abuse sexually or affirmative finding victim was a child less than 17)

• Unlawful Restraint (if affirmative finding victim was child less than 17)

• Kidnapping (if affirmative finding victim was child less than 17)

• Obscenity (if the image is of a child under 18)

• Burglary Habitation (with intent to commit sex)

• Prohibited Sexual Conduct

• Compelling Prostitution

• Possession or Promotion of Child Pornography

Definitions for Failing to Comply with Registration Requirements

The term “local law enforcement authority” means the chief of police of a municipality or the sheriff of a county in this state. The term “reportable conviction” means a conviction for the offense of the applicable underlying alleged offense.

A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

Attorney for Failing to Comply with Registration Requirements in Texas

If you were charged with intentionally or knowingly failing to report to the local law enforcement authority and register under the sex offender registration program, then contact a criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC.

We represent clients to are accused of failing to report or moving into a new municipality without providing that address to the local law enforcement authority within seven days after changing the address.

Attorney Don Flanary is experienced in representing clients with a duty to register under Article 62.101(A) of the Texas Code of Criminal Procedure once each year. He also fights criminal charges related to failing to comply with registration requirements.