Legal Question in Criminal Law in Texas

my husband was arrested for not checking in in texas but he was just out there working.. he still lives in florida and is registered out there. what kind of time is he looking at?


Asked on 2/18/11, 6:24 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Here is the Texas law regarding registration: Art. 62.059. REGISTRATION OF PERSONS REGULARLY VISITING LOCATION. (a) A person subject to this chapter who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county in this state, other than the municipality or county in which the person is registered under this chapter, before the last day of that month shall report that fact to:(1) the local law enforcement authority of the municipality in which the person is a visitor; or(2) if the person is a visitor in a location that is not a municipality, the local law enforcement authority of the county in which the person is a visitor.(b) A person described by Subsection (a) shall provide the local law enforcement authority with:(1) all information the person is required to provide under Article 62.051(c);(2) the address of any location in the municipality or county, as appropriate, at which the person was lodged during the month; and(3) a statement as to whether the person intends to return to the municipality or county during the succeeding month.(c) This article does not impose on a local law enforcement authority requirements of public notification or notification to schools relating to a person about whom the authority is not otherwise required by this chapter to make notifications.

With regard to punishment, it depends on a variety of factors. Here is the punishment law: Art. 62.102. FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS. (a) A person commits an offense if the person is required to register and fails to comply with any requirement of this chapter.(b) An offense under this article is:(1) a state jail felony if the actor is a person whose duty to register expires under Article 62.101(b) or (c);(2) a felony of the third degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each year under Article 62.058; and(3) a felony of the second degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each 90-day period under Article 62.058.(c) If it is shown at the trial of a person for an offense or an attempt to commit an offense under this article that the person has previously been convicted of an offense or an attempt to commit an offense under this article, the punishment for the offense or the attempt to commit the offense is increased to the punishment for the next highest degree of felony.

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Answered on 2/19/11, 5:14 pm


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