Abstract
“Sexual predator” refers to the most dangerous sex offenders. According to the Texas Department of Criminal Justice, a sexual predator is any person 17 years of age or older who commits any of a number of sexually violent offenses that are prohibited under the Texas Penal Code.
Keywords: sexual predator, sexually violent offense
Sexual Predators Under Texas Law
The public image of a “sexual predator” is that of a man who attacks strangers, perhaps stalks his victims, is a multiple offender, and commits brutal crimes. The law takes a broader view. There is no section under the Texas Penal Code that specifically codifies “sexual predator” as a crime. Rather, the term “sexual predator” is used in legal documents to refer to a group of sex crimes that are recognized as “sexually violent offenses” by the Texas Department of Criminal Justice, and the Texas Youth Commission. The great majority of prohibited sexual conduct categorized as sexually violent offenses are felonies under the Texas Penal Code (Texas Code of Criminal Procedure).
Most of the crimes that have been classified as “sexually violent offenses” include prohibited sexual conduct (§25.02) against a minor, although these offenses also include sexual criminal acts committed against any person in the course of a felony; for example, during a kidnapping (§20.03) (Table 1) (Texas Code of Criminal Procedure).
Table 1. Texas Penal Code: Prohibited Sexual Conduct or Sexually Violent Offenses
Sexual performance by a child
In addition, any felony may be considered a “sexually violent offense” if the felony was committed with the intent to commit a sexually violent offense, even if no such offense occurred; for example, burglary (§30.02), or aggravated kidnapping (§20.04). Note §33.021, online solicitation of a minor, where no contact other than online communication is necessary for the crime (Table 1) (Texas Code of Criminal Procedure).
The Texas “Penal Code Offenses by Punishment Range” lists the offense grades for violent sex offenses. These range from class B misdemeanors, for indecent exposure; state jail felony, for unlawful restraint; second degree felony, for kidnapping, indecency with a child, sexual assault, online solicitation of a minor, compelling prostitution, and sexual performance by a child; and first degree felony, for aggravated kidnapping, trafficking of persons, and continuous sexual abuse of young child or children (Table 2) (Penal Code Offenses by Punishment Range).
Table 2. Texas Penal Code: Punishment for Sexual Predators Convicted of Sexually Violent Offenses
There is a wide range in the punishment between and within offense grades. First degree felonies carry 5-99 years sentences imprisonment, except for aggravated sexual assault, where a 25-year minimum punishment is added if the victim is a minor. Second degree felonies carry 2-20 years imprisonment. State jail felonies call for 180 days-2 years confinement in a state jail. Finally, class B misdemeanors require confinement in jail for 180 days or less (Penal Code Offenses by Punishment Range).
Thus, there is a great deal of overlap between offense grades, and judges have considerable discretion on the application of the guidelines for punishment, although each grade carries a minimum sentence that must be imposed. When the offense is against a minor below the age of 6, the punishment meted is more severe. The same applies if the victim suffered severe mental or body harm (Penal Code Offenses by Punishment Range).
Furthermore, sexual predators are considered dangerous, so in the interest of the safety of the community, states have enacted post-criminal-sentence civil commitment laws; under which, a person convicted of a sexually violent crime, as recognized by statute, must register with designated authorities upon release from prison (Art. 62.201 of the Texas Code of Criminal Law Procedure).
The registration of sexual predators is considered to be of great service to the community and requires that any person who has committed a sexually violent must enroll in a database for sexual offenders. This is true whether the crime was committed within the jurisdiction of Texas or in any other jurisdiction, including the jurisdiction of foreign states.
Furthermore, the law requires that anyone convicted of a sexual crime has the duty to report it to the proper authorities—even should the act for which the person was convicted for is not prohibited by the Texas Penal Code. The rationale is that any person that engaged in a prohibited sexual act is to be considered dangerous to the community. (Texas Code of Criminal Procedure).
There is also civil commitment of the sexual predator. There is a lot of controversy regarding this issue, because the American Psychiatric Association has no clear interpretation for “sexually violent predator.” The term suddenly appeared when the Washington Sexually Violent Predator Act was proposed (James 1991).
The Texas Penal Code for sexually violent offenders is severe, but deserves to be so. Sexual predators are violent criminals that prey on the weakest members of our society, the very members society wishes to grant the greatest protection. Once a person has been identified as a dangerous criminal, the community needs to separate itself from that person, or at the very least, guard itself against the risk the person may pose to members of the community.
Yet for some, the law might not be severe enough. The crimes are heinous, in any society, at any time. And as the law now stands, we are left just short of making sexually violent offenses a capital crime. We may wish to, but the sentiments of our civilization are moving away from this ultimate punishment.
The Texas Penal Code for the prosecution and punishment of sexually violent predators, together with the Sex Offender Registration Program, offers society sufficient protection against this type of criminal.
References
Penal Code Offenses by Punishment Range. Attorney General of Texas. Texas.Web.
www.oag.state.tx.us/AG_Publications/pdfs/penalcode.pdf
Reardon, James D. (1991). Sexual Predators: Mental Illness or Abnormality - A
Psychiatrist's Perspective. 5 U. Puget Sound L. Rev. 849. Print.
Texas Code of Criminal Procedure. Chapter 62. Sex Offender Registration Program. Art.
62.001. Web
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.62.htm
