TEXAS DEPARTMENT OF PUBLIC SAFETY

Transcription

1 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD BOX 4087 AUSTIN, TEXAS / PUBLISHED: March 12, 2019 Determinations under Article , of Criminal Procedure Offenses under the laws of Colorado Chapter 62 of the of Criminal Procedure (Texas Sex Offender Registration Program) requires a person with a reportable conviction or adjudication to register with the local law enforcement authority of the municipality or county where the person resides. Reportable conviction or adjudication includes a conviction or adjudication of delinquent conduct 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. For purposes of Chapter 62 of the of Criminal Procedure, the Texas Department of Public Safety ( Department ) is responsible for determining whether an offense under the laws of another state contains elements that are substantially similar to the elements of an offense under the laws of this state. Elements refers to the following matters contained in the relevant statutes: the forbidden conduct, the required culpability, any required result, and the negation of any exception to the offense. The Department has reviewed the elements of the following Colorado offenses and has determined that they contain elements that are substantially similar to the elements of a Texas offense that requires registration. Consequently, a conviction or adjudication of delinquent conduct for any one of the following Colorado offenses qualifies as a reportable conviction or adjudication. If a determination involves the Texas offenses of Burglary or Aggravated kidnapping, contact the Sex Offender Registration Bureau to discuss whether the offense was committed with the intent to violate or abuse the victim sexually. If a determination involves the Texas offense of Obscenity, contact the Sex Offender Registration Bureau to discuss whether the offense was punished under subsection (h) of Texas Penal section If a determination involves the Texas offenses of Unlawful restraint, Kidnapping, or Aggravated kidnapping, contact the Sex Offender Registration Bureau to discuss whether an affirmative finding that the victim or intended victim was younger than 17 years of age exists. This is not an exhaustive list of Colorado offenses that require registration. If an offense is not on this list and you believe the offense may require registration, please contact the Sex Offender Registration Bureau for a determination. 1 of 8

2 , Criminal attempt, Colorado Revised Statutes , Conspiracy, Colorado Revised Statutes , Criminal solicitation, Colorado Revised Statutes , First degree kidnapping, Colorado Revised Statutes 15.01, Criminal attempt, Tex. Penal 15.02, Criminal conspiracy, Tex. Penal 15.03, Criminal solicitation, Tex. Penal 20.04(a)(1), Aggravated kidnapping, Tex. Penal , Second degree kidnapping, Colorado Revised Statutes (1) seizes and carries any person 20.03, Kidnapping, Tex. Penal (2) victim less than , Kidnapping, Tex. Penal , False imprisonment, Colorado Revised Statutes , Enticement of a child, Colorado Revised Statutes , Internet luring of a child, Colorado Revised Statutes for sexual purpose 20.02, Unlawful Restraint, Tex. Penal (b) Criminal solicitation of a minor to commit a prohibited sex act , Online solicitation of a minor, Tex. Penal , Sexual assault, Colorado Revised Statutes (1)(a) cause submission/against will (a)(1), Sexual assault, Tex. Penal (1)(b) victim incapable of appraising nature of conduct (a)(1), Sexual assault, Tex. Penal (1)(c) victim erroneously believes actor is spouse (a)(1), Sexual assault, Tex. Penal (1)(d) victim less than (a)(2)(B), Aggravated sexual assault of a child, Tex. Penal 2 of 8

3 , Sexual assault, Colorado Revised Statutes (cont.) (1)(e) victim is 15 or (a)(2), Sexual assault of a child, Tex. Penal (1)(f) supervisory or disciplinary authority/coercion 39.04, Violation of the civil rights of person in custody; improper sexual activity with person in custody, Tex. Penal (1)(g) purporting to offer medical service (a)(1), Sexual assault, Tex. Penal (1)(h) victim physically helpless (a)(1), Sexual assault, Tex. Penal , Sexual assault in the first degree, Colorado Revised Statutes (1)(a) physical force or violence (a)(1), Sexual assault, Tex. Penal (1)(b) threat of death, serious bodily injury, etc , Aggravated sexual assault, Tex. Penal (1)(c) threat to retaliate , Aggravated sexual assault, Tex. Penal (1)(d) victim substantially impaired by intoxicant (a)(1), Sexual assault, Tex. Penal (1)(e) victim physically helpless (a)(1), Sexual assault, Tex. Penal , Sexual assault in the second degree, Colorado Revised Statutes (1)(a) sexual penetration against will (1)(b) sexual intrusion against will (1)(c) victim incapable of appraising nature of conduct (1)(d) victim erroneously believes actor is spouse (1)(e) victim less than 15 (1)(e.5) victim 15 or 16 (1)(g) in custody of law or hospital (1)(h) conduct inconsistent w/ reasonable medical practices (a)(1), Sexual assault, Tex. Penal (a)(1), Sexual assault, Tex. Penal (a)(1), Sexual assault, Tex. Penal (a)(1), Sexual assault, Tex. Penal (a)(2)(B), Aggravated sexual assault of a child, Tex. Penal (a)(2), Sexual assault of a child, Tex. Penal (a)(1), Sexual assault, Tex. Penal (a)(1), Sexual assault, Tex. Penal , Unlawful sexual contact, Colorado Revised Statutes (1)(a) no consent and the victim is less than 17 years of age 3 of 8 (1)(a) no consent and the victim is at least 17, but less than 18 years of age 43.25, Sexual performance by a child, Tex. Penal (1)(a) no consent and the victim is 18 years of age or older

4 , Unlawful sexual contact, Colorado Revised Statutes (cont.) is less than 17 years of age is at least 17, but less than 18 years of age is 18 years of age or older (1)(c) victim physically helpless and the victim is less than 17 years of age (1)(c) victim physically helpless and the victim is at least 17, but less than 18 years of age (1)(c) victim physically helpless and the victim is 18 years of age or older victim is less than 17 years of age victim is at least 17, but less than 18 years of age victim is 18 years of age or older (1)(f) in custody of law or hospital 43.25, Sexual performance by a child, Tex. Penal 43.25, Sexual performance by a child, Tex. Penal 43.25, Sexual performance by a child, Tex. Penal 39.04, Violation of the civil rights of person in custody; improper sexual activity with person in custody, Tex. Penal (1)(g) inconsistent w/ reasonable medical practices (a)(1), Sexual assault, Tex. Penal (1.5) induce or coerce child to engage in conduct (1.7) observes or takes a photograph (b), Criminal solicitation of a minor to commit a prohibited sex act, Tex. Penal 21.15, Improper photography or visual recording, Tex. Penal 4 of 8

5 , Sexual assault in the third degree, Colorado Revised Statutes (1)(a) no consent and the victim is less than 17 years of age (1)(a) no consent and the victim is at least 17, but less than 18 years of age 43.25, Sexual performance by a child, Tex. Penal (1)(a) no consent and the victim is 18 years of age or older is less than 17 years of age is at least 17, but less than 18 years of age 43.25, Sexual performance by a child, Tex. Penal is 18 years of age or older (1)(c) victim physically helpless and the victim is less than 17 years of age (1)(c) victim physically helpless and the victim is at least 17, but less than 18 years of age 43.25, Sexual performance by a child, Tex. Penal (1)(c) victim physically helpless and the victim is 18 years of age or older victim is less than 17 years of age victim is at least 17, but less than 18 years of age 43.25, Sexual performance by a child, Tex. Penal victim is 18 years of age or older (1)(f) in custody of law or hospital 39.04, Violation of the civil rights of person in custody; improper sexual activity with person in custody, Tex. Penal (1)(g) inconsistent w/ reasonable medical practices (a)(1), Sexual assault, Tex. Penal (1.5) induce or coerce child to engage in conduct (b), Criminal solicitation of a minor to commit a prohibited sex act, Tex. Penal (1.7) observes 5 of 8

6 , Sexual assault on a child, Colorado Revised Statutes 1/1/1992-present , Sexual assault on a child by one in a position of trust, Colorado Revised Statutes 7/1/1990-present , Internet sexual exploitation of a child, Colorado Revised Statutes (b), Online solicitation of a minor, Tex. Penal , Sexual assault on a client by a psychotherapist, Colorado Revised Statutes , Incest, Colorado Revised Statutes , Aggravated Incest, Colorado Revised Statutes , Child Abuse, Colorado Revised Statutes , Sexual exploitation of children, Colorado Revised Statutes (3)(a) cause, induce, entice, or permit (3)(b) prepare, arrange, publish (3)(b.5) possession (3)(c) possess w/ intent to deal, sell, distribute (a)(1), Sexual assault, Tex. Penal 25.02, Prohibited sexual conduct, Tex. Penal 25.02, Prohibited sexual conduct, Tex. Penal 43.25, Sexual performance by a child, Tex. Penal 43.26(e), Possession or promotion of child pornography, Tex. Penal 43.26(a), Possession or promotion of child pornography, Tex. Penal 43.26(e), Possession or promotion of child pornography, Tex. Penal 6 of 8

7 , Sexual exploitation of children, Colorado Revised Statutes (cont.) (3)(d) cause, induce, entice, etc. child , Pimping, Colorado Revised Statutes , Public indecency, Colorado Revised Statutes 43.25, Sexual performance by a child, Tex. Penal 21.07, Public lewdness, Tex. Penal , Indecent exposure, Colorado Revised Statutes 7/1/2003-present 21.08, Indecent exposure, Tex. Penal if class 1 or class 2 misdemeanor 21.11(a)(2), Indecency with a child by exposure, Tex. Penal Prior to 7/1/2003 if class 3 misdemeanor Prior to 7/1/ , Indecent exposure, Tex. Penal , Soliciting for child prostitution, Colorado Revised Statutes , Pandering of a child, Colorado Revised Statutes , Procurement of a child, Colorado Revised Statutes , Keeping a place of child prostitution, Colorado Revised Statutes , Pimping of a child, Colorado Revised Statutes 7 of 8

8 , Inducement of child prostitution, Colorado Revised Statutes , Patronizing a prostituted child, Colorado Revised Statutes 8 of 8