how long does someone have to register as an S.O. for ORS 163.435?

Texas

If someone was convicted of ORS 163.435 and moved to Texas, how long do they have to register for? Or can they be relieved of having to have to register?

According to the Texas Department of Public Safety and Texas Criminal Procedure, a sex offender may not have to register under certain situations where an appeal is filed in the case, or where a defendant has been pardoned.

A sex offender registers with the local law enforcement authority of the municipality (chief of police) where the offender resides. If the offender does not reside in a municipality, the offender registers with the local law enforcement authority of the county (sheriff) where the offender resides.

Registration must be completed not later than the seventh day after the date the offender arrives in the municipality or county or the first date the local law enforcement authority of the municipality or county by policy allows the person to register. Once the offender registers with the local law enforcement authority of the municipality or county where the offender resides, that local law enforcement authority becomes the offender’s primary registration authority.

If a sex offender resides outside of Texas and works or attends school in Texas, the offender registers with the local law enforcement authority of the municipality or county where the offender works or attends school.

If the sex offender’s conviction is a "reportable conviction or adjudication" and the offender resides, works or attends school in Texas. As stated above, "reportable conviction or adjudication" includes a conviction or adjudication of delinquent conduct (juveniles) under the laws of another state for an offense containing elements that are substantially similar to the elements of a Texas offense that requires registration.

The Texas Department of Public Safety determines whether an offense under the laws of another state contains elements that are substantially similar to the elements of a Texas offense that requires registration.

Title 1 Code of criminal procedure
Chapter 62 Sex Offender Registration Program
Subchapter A General provisions
Article 62.001 defines "Reportable"

Any person with a "reportable conviction or adjudication" must register as a sex offender.

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication.

The most recent offense added to the list of registerable offenses is Section 33.021 (Online solicitation of a minor), Penal Code. A conviction, deferred adjudication or adjudication of delinquent conduct for this offense requires registration. Further, a conviction under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of Online Solicitation of a Minor will require registration.

Source of this information: http://www.txdps.state.tx.us/


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