Sexually Violent Predator Order

Violation of a Sexually Violent Predator Order

If you were charged with the crime of Violation of Civil Commitment Order of Sexually Violent Predator under Health and Safety Code Section 841.085, then contact a criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary represents clients charged with a variety of sexually motivated crimes throughout Bexar County, and the surrounding counties.

The crime of Violation of Civil Commitment Order of Sexually Violent Predator under Health and Safety Code Section 841.085 is charged as a Third-Degree Felony.

For more information about violating a sexually violent predator order, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Call (210) 738-8383 today.

Elements of an Order for a Sexually Violent Predator

The elements of the offense must be proven beyond all reasonable doubt. Those elements of the crime of violating a civil commitment order of sexually violent predator include:

• the defendant violates any requirement of the order of commitment; and
• the defendant was previously adjudicated and civilly committed as a sexually violent predator.

Definitions of a Repeat Sexually Violent Offender

Under Texas law, the term “repeat sexually violent offender” means a person who has been convicted of more than one sexually violent offense and a sentence is imposed for at least one of the offenses:

• the person is convicted of a sexually violent offense, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from community supervision;
• the person enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication;
• the person is adjudged not guilty by reason of insanity of a sexually violent offense;
• the person is adjudicated by a juvenile court as having engaged in delinquent conduct constituting a sexually violent offense and is committed to the Texas Youth Commission; and
• after the date on which the person is convicted either:
  • receives a grant of deferred adjudication;
  • is adjudged not guilty by reason of insanity;
  • is adjudicated by a juvenile court as having engaged in delinquent conduct;
  • the person commits a sexually violent offense for which the person is convicted, but only if the sentence for the offense is imposed;
  • is adjudged not guilty by reason of insanity.

Definition of a Sexually Violent Offense

The term “sexually violent offense” means an offense of one of the following:

• continuous sexual abuse of a young child or children;

• indecency with a child by sexual contact;

• sexual assault;

• aggravated sexual assault;

• an offense of aggravated kidnapping if the person committed the offense with intent to violate or abuse the victim sexually;

• an offense of burglary of a habitation if the person committed the offense with intent to violate or abuse the victim sexually;

• an offense of murder or capital murder that is determined beyond a reasonable doubt to have been based on sexually motivated conduct;

• an attempt, conspiracy, or solicitation to commit any of the offenses set out above;

• an offense under prior state law that contains elements substantially similar to any of the offenses set out above; or

• an offense under the laws of another state, federal law, or the Uniform Code of Military Justice that contains elements substantially similar to any of the offenses set out above.

Definitions under the Violation of Civil Commitment Order Statute

Under Texas law, the term “sexually violent predator” means a person who is a repeat sexually violent offender and who suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.

The term “behavioral abnormality” means a congenital or acquired condition that, by affecting a person’s emotional or volitional capacity, predisposes the person to commit a sexually violent offense, to the extent that the person becomes a menace to the health and safety of another person.

The term “predatory act” means an act directed towards individuals, including family members, for the primary purpose of victimization.