The Texas Legislature is considering changing some of the Sex Offender Registration Laws.
HB 3148 by Rep. Todd Smith, R-Euless, would slightly broaden the registration exemption for those convicted of consensual sex with a minor.
Texas actually created a path several years ago for some juvenile offenders to avoid the branding that comes with being on the publicly accessible registry.
That was necessary when it became clear that listing foolish or irresponsible teens along with adult criminals and real predators doesn’t serve the public interest.
Since 2001, judges have had discretion to grant an exemption from registration in cases involving teens where the offender was younger than 19 and the victim at least 13. And the sexual conduct was consensual.
Smith’s bill would drop the upper age limit, though the age difference could not be more than 4 years.
Offenders convicted under those circumstances before Sept. 1, when the law would take effect, also could petition to be taken off the registry.
The bill recently won House approval on a 131-12 vote (and needs to get moving in the Senate), wouldn’t change any other part of the penalty for sex with a minor.
Underage sex might be immoral, impulsive and ill-advised. And in Texas it still can be a crime. But as the HB 3148 bill analysis points out, “the purpose of sex offender registration is to protect children from child molesters.”
David Breston is a Houston Sexual Assault Defense Attorney. If you need a Houston Sex Assault Defense Lawyer, call David Breston at 713 224 4040.
