Posted on January 12, 2012 at 4:50 PM
AUSTIN -- A KVUE Defenders investigation found more than a dozen registered sex offenders are currently working for the City of Austin. The City says it only performs background checks on certain employees, so for some of the registered sex offenders, their criminal history was not revealed in the hiring process.
Several viewers have asked via Facebook and Twitter what offenses require a sex offender to register. The Department of Public Safety says the short answer is that the requirements are based on statute and what the person was convicted of or received deferred adjudication for. The long answer comes straight from the Texas Sex Offender Registry:
Adult sex offenders register either for life or 10 years following discharge from state supervision (i.e. incarceration, parole, or community supervision). Lifetime registration is required for the following offenses:
Sexually Violent Offense.
· Indecency with a Child by Contact (Section 21.11(a)(1), Penal Code);
· Sexual Assault (Section 22.011, Penal Code);
· Aggravated Sexual Assault (Section 22.021, Penal Code);
· Sexual Performance by a Child (Section 43.25, Penal Code);
· Aggravated Kidnapping, if committed with the intent to violate or abuse the victim sexually (Section 20.04(a)(4), Penal Code);
· Burglary (Section 30.02, Penal Code) if the premises burglarized was a habitation and the offense was committed with the intent to commit indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping with sexual intent; and
· An offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.
Prohibited Sexual Conduct (Incest) (Section 25.02, Penal Code);
Compelling Prostitution of a Minor (Section 43.05(a)(2), Penal Code);
Possession or Promotion of Child Pornography (Section 43.26, Penal Code);
Indecency with a Child by Exposure (Section 21.11(a)(2), Penal Code), if before or after being convicted or adjudicated for this offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration; and
Unlawful Restraint (Section 20.02, Penal Code), Kidnapping (Section 20.03, Penal Code), or Aggravated Kidnapping (Section 20.04, Penal Code) if the judgment in the case contains an affirmative finding that the victim or intended victim was younger than 17 years of age and, if before or after the person is convicted or adjudicated for one of these offenses, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration.
Adult sex offenders will register for 10 years following discharge from state supervision for any offense that does not require lifetime registration (i.e. attempted sexual assault and second indecent exposure).
Juvenile sex offenders, those who register on the basis of an adjudication of delinquent conduct, register until the 10th anniversary of the date on which the disposition in their case was made or the juvenile completes the terms of the disposition, whichever date is later.