Last week we spoke with a potential client who we originally met with back in early 2024 after he decided to take a plea deal in Maryland on 2 charges – a 4th degree sex offense and a 2nd degree assault.
The details of what a 4th degree sex offense in Maryland (3-308) is, can be found here.
Background
The defendant and their family live full-time in Texas but the charges were brought in Maryland. Upon conviction the client was planning on getting his 5-year probationary period moved to Texas since he was not looking at any jail time in Maryland.
If the client were a resident of Maryland, the crime of 4th degree sex offense is considered a misdemeanor and is subject to Tier 1 SORNA requirements – meaning registration for 15 years.
Back in early 2024, the defendant and their family had questions about how probation will work in Texas, the connection between Maryland and Texas, what transferring Probation from Maryland to Texas would include, what the Texas SORNA requirements would be, what life would be like on the registry, and more.
At that time, the defendant and family decided not to hire us and were going to handle the situation themselves.
Fast forward, ten months later and we received multiple emails from the family expressing confusion, frustration, and concern.
SORNA – Texas vs. Maryland
Texas does not have an equivalent 4th degree sex offense law, so the way the process works is that Texas looks at the definition of the 4th degree law from Maryland and attempts to match it up to the most closely related (similar) law that Texas has on the books.
This process is an art not a science.
The family is now overwhelmed learning new information from both Texas Probation & Parole and the Texas Department of Public Safety (which oversees the implementation of SORNA in Texas).
Unfortunately – in this case – while the underlying crime in Maryland is only a misdemeanor requiring a 15-year registration period, Texas determined that the most closely aligned crime is a felony requiring lifetime registration.
There are all types of additional questions and confusion, including:
- Texas Parole is now requiring out-patient mental health counseling. What does that mean? How long will the defendant have to attend these mandatory sessions?
- Is the defendant now considered a felon in just Texas? Or everywhere in the U.S.
- What other requirements will the Parole division enact?
- Can reconsideration happen to get the conviction further reduced and/or off the registry or is this not possible?
- Does the defendant lose his ability to vote in Texas because Texas aligned his sex offense charges to be a “felony” level offense?
- Why does Texas have the defendant listed as a felon when the original crime was a misdemeanor?
- Does the county or city in Texas where the defendant resides have any residence or proximity restrictions (i.e. requiring the convicted person to avoid schools or child care, or other locations children gather).
Could This Have Been Prevented?
Absolutely, most of this situation could have been prevented.
By hiring an experienced SORNA consultant, having a detailed discussion about plans, what to expect, charges, what can go wrong, how to prepare for the SORNA Registry and Parole, the difference between SORNA and Parole, State and Local sex-related laws, and more – the majority of the confusion and frustration could have easily been prevented.
The old saying “You don’t know what you don’t know” is a great example of the confusion and mistakes that can happen when dealing with complex federal, state, and local laws around sex offenses.
To make matters worse, not understanding the state and local laws can put you at risk for additional “Failure to Register” (FTR) charges.
Understanding the implications of a sex-related crime plea deal or a conviction is critical BEFORE you start to serve your sentence or begin Parole or Probation.
Your attorney is probably not an expert on SORNA-related issues. Even attorneys that deal with a high volume of sex crimes, may not understand their own states requirements – much less, the requirements of a different state.
It’s important to remember that while SORNA is a national law, each state implements it differently.
In addition, in some states like Texas, there are local (city or county) restrictions in some areas – such as not be able to reside 2,000 feet from a school or day care) that can cause additional burden and confusion.
Other Common Questions About the SORNA Registry in Texas
Are there any state laws in Texas that provide guidance or limitations on local city ordinances regarding registered sex offenders?
Section 341.906, Subchapter Z, Chapter 341, Local Government Code, allows for the governing body of a general-law municipality by ordinance to restrict a registered sex offender from going in, on or within a specified distance of a child safety zone in the municipality.
In addition, it limits the distance requirement an ordinance may have and requires procedures for an exemption from the ordinance.
For example, San Antonio has a presence restriction applying to parks – which means that a registered sex offender cannot visit the Riverwalk area.
Does Texas prohibit registered sex offenders from working in certain occupations or trades?
The Texas Sex Offender Registration Program does not specifically prohibit registered sex offenders from working in certain jobs (occupations).
However, state law regulating a particular trade, occupation or profession may bar sex offenders from working in the trade, profession or occupation (e.g. You could not be a teacher if convicted of a sex crime).
To determine if a registered sex offender is prohibited from working in a particular trade, occupation or profession, the specifics of the trade, occupation or profession must be reviewed. In many cases, there may be a licensing board or union or other source that would know the details for their specific profession.
For example, the following prohibition exists for certain sexually violent offenses pursuant to Texas Code of Criminal Procedure Ch. 62.063 – where on or after September 1, 2013 – the law states that a person who has a SORNA-reportable conviction for a sexually violent offense where the victim is under the age of 14, may not:
- Operate or offer to operate a bus
- Provide or offer to provide a taxi or limousine transportation service
- Provide or offer to provide any type of service in the residence unless the provision of service will be supervised
- Operate or offer to operate any amusement ride
Conclusion
Being convicted of a sex-related crime can have significant impact on your life, including where you work and live.
If you know someone who is charged or convicted of a sex offense and are experiencing the criminal justice system for the first time – you most likely have more questions than answers.
Our SORNA division works with clients throughout the U.S. to understand SORNA, state laws, U.S. and international travel restrictions, sex-offense probation and parole, and more.
Contact us today for a free, no-obligation consultation.