Texas "Romeo and Juliet" Law Exempts Some "Young Lovers" from Sex Offender Registry

The label “sex offender” creates different pictures or meanings in the minds of people.  Thoughts of lifetime sex offender registration and social stigma may come to the mind of those accused.  For the general public, the label might convey thoughts of men who rape women or adults who prey on young children.

Teenagers who engage in consensual sexual relations, however, rarely come to mind when thinking of what constitutes a  sex offender.  Until last September, teenagers or young adults who had such a relationship, usually with their high school boyfriend or girlfriend, and were then convicted of the related sex crimes were required to register as sex offenders.

Texas’ Former Law

Under Texas’ former law, if two teenagers engaged in consensual sexual relations and one of the teens  was 17 or older and more than 3 years older than their partner, then the older partner could be charged in criminal court with statutory rape.  If convicted, the older teen would be required under the law to register as a sex offender for life.

Romeo and Juliet Law

In Texas, a new law took effect on September 1, 2011, that prevents teenagers and young adults who engage in consensual sexual relations with a teenager under the age of 17 from being labeled as sex offenders.  Ofter referred to as a “Romeo and Juliet” law, this new law is designed to exempt teenagers and young adults from having to register as sex offenders and being labeled as such just because their consenting partner is under the age of 17.

This exemption only applies if there is no more than a 4 year age difference between the two young people and if the consensual sexual relations are between a teenager or young adult over the age of 17 and a teenager under the age of 17.  Additionally, for the new law to apply, the purported “victim” of the sexual encounter must be at least 15 years of age.

Significantly, this new Romeo and Juliet law will not prevent the adult individual from facing prosecution for an underlying crime such as sexual assault of a child, but it does exempt the accused from registering as a sex offender.

Additionally, the new law allows people already required to register as sex offenders as a result of consensual sexual encounters with teenagers under the age of 17 under the former law to petition courts to review their cases for de-registration.  Judges will hold hearings to review the testimony and evidence of the cases against the petitioners to determine whether the sexual relations between the “victim” and petitioner were consensual.  The judges will also determine if the petitioner is a “threat” to public safety and whether it is in the best interests of the “victim” and of justice.  If the judges so determines that the facts allow for it, petitioners will be allowed to de-register and to be exempt from future sex offender registration requirements

For young people already required to register as sex offenders following consensual sexual encounters with teenagers under 17-years-old under the previous law, the new law permits them to petition courts to review their cases.  To determine whether the relationship between the petitioner and the “victim” was consensual, courts will hold hearings to review the testimony and evidence of the cases against the petitioners.  Also, courts will determine if the petitioner is a “threat” to the public; if not, and if the facts of the cases allow, petitioners will be exempt from future sex offender registration requirements.

How the Law Changed

Introduced by Sen. Royce West (D-Dallas) and Rep. Todd Smith (R-Euless), the Romeo and Juliet law was signed by the governor and enacted after its second introduction to the Texas Legislature.  A similar bill passed both houses of the Texas Legislature in 2009 but was vetoed by Governor Rick Perry because he claimed that it did not “adequately protect young victims” because it had a lower threshold age of 13 for the purported victim.

The intention of sex offender registries is mainly to keep the public and local authorities aware of the locations of sexual predators whom the state believes may pose a threat to the public — the registries are not intended to encompass teenagers and who engage in consensual sex.

The Romeo and Juliet law is meant to distinguish between teenagers who made a mistake and actual sexual predators.

Those labeled as sex offenders, including teenagers, could face a lifetime of sex offender registration and many other collateral consequences, such as difficulty in finding good employment, housing, negative social stigmas and being unable to attend their children’s church or to spend time with young family members.

Therefore, the new Romeo and Juliet law in Texas provides an opportunity for teenagers and young adults facing the possibility of or who are already forced to register as sex offenders an opportunity for a productive future.  It is important to speak with an experienced criminal defense attorney about petitioning for a case review and possibly having the sex offender registration requirement removed if you or a family member has already been required to register as a sex offender for engaging in sexual relations with a partner under age 17 and may fit the requirements of the new law.

Fort Bend County Criminal Attorney Jim Sullivan represents adults and juveniles accused of sex offenses.  He has successfully petitioned juvenile clients to be allowed to de-register from the sex offender registry and looks forward to helping adult clients do the same under the new law.  You can call Jim Sullivan right now at 281-546-6428 for a free consultation.

Our law firm defends clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member or family violence), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Sugar Land Texas Criminal Lawyer | Fort Bend County Juvenile Attorney

 

Sugar Land, Texas criminal lawyer James Sullivan honors his agreements.  Integrity and Trust matters. When a person is arrested, he is under an incredible amount of stress and anxiety.  He needs someone that he can trust—a lawyer who will fight for him and guide him through the turbulence of governmental prosecution.  He is not looking for false promises and advertising jingles.  He wants a lawyer he can trust—a lawyer who has every intention of honoring his agreement.

When you say that you agree to a thing in principle, you mean that you have not the slightest intention of carrying it out. ~Otto von Bismarck, statesman (1815-1898)

Fort Bend County Criminal Defense Trial Attorneys James Sullivan and Associates have over 65 years of combined legal experience and have represented over 6,000 clients in criminal and juvenile courts in Texas.

Attorney James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile Law is different than criminal law.

Sugar Land Defense Attorney James Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 25 years and have two children. They worship at a local Catholic Church. Jim Sullivan is also an Eagle Scout.

If you need a Fort Bend County criminal or juvenile defense lawyer to represent you or your child, you can call Jim Sullivan right now at 281-546-6428.

Serving clients in Houston (Harris County) and Richmond (Fort Bend County).

Sugar Land Texas Criminal Defense Lawyer | Board Certified Juvenile Attorney

Fort Bend County Criminal Lawyers James Sullivan and Associates represent clients accused in criminal courts in Fort Bend County and Harris County. They have stood up to prosecutors with questionable ethics and secured acquittals from juries, no bills from grand juries and many dismissals from the prosecutors on the day of trial.

Attorney James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. If you want serious Sugar Land Criminal Attorneys to represent you, call James Sullivan and Associates at 281-546-6428.

In the Houston Chronicle, Daniel Medwed, a law professor at the University of Utah who teaches and writes about wrongful convictions, put the spotlight on rogue prosecutors in the State of Texas.  Who are these rogue prosecutors?  They are prosecutors who intentionally and knowingly withhold and refuse to disclose evidence that exonerates an accused.  Rather than acknowledge that the wrong person was initially accused and dismiss the case, they continue to prosecute an innocent person and thus allow the responsible party to go free.

In the case of the wrongly accused Michael Morton (see below), it is possible that Debra Masters Baker may not have been killed by Mark Norwood had the State allegedly not pursued a conviction against a person that evidence indicated was innocent and that the State withheld from the defense.  The prosecutor in that case is now a state district judge and is being investigated by a "court of inquiry" by a Fort Worth judge appointed by the Texas Supreme Court.

When prosecutors behave badly

By Daniel S. Medwed

When most of us break the law, we pay the price. Submit your income tax return late? You’re on the hook for penalties and interest. Go too fast rushing to pick up your daughter from school? Wham, here comes a speeding ticket. And if you get caught committing a crime? Well, chances are good that you will be charged and eventually convicted.


But what about lawbreaking by America’s prosecutors, the officials in our country entrusted with the power to charge people with crimes and to litigate those matters in court? What happens when they violate the Constitution and refuse to disclose evidence that exonerates an accused? Very little. Even if their misdeeds are uncovered, they seldom suffer personally. Disciplinary sanctions are rare, let alone criminal penalties.


Texas has a sad history of prosecutors suppressing evidence before trial that supports a criminal defendant’s innocence. From 2007 to 2009, no fewer than six wrongful convictions were overturned in Dallas County alone because previous prosecutors withheld evidence from the defense that they were constitutionally obligated to disclose. Take the case of James Curtis Giles, a man convicted of a horrific 1982 North Dallas rape.


Before the trial started, Dallas prosecutors had information pointing to another man— James Earl Giles— as the culprit but neglected to turn over that material to the defense.


James Curtis Giles spent a decade in prison and another 14 years on parole as a registered sex offender before DNA testing exonerated him. Fortunately, current Dallas County prosecutor Craig Watkins has made rectifying wrongful convictions a priority in his administration.


But a key question remains: When individual prosecutors break the law and hide evidence that signals a defendant’s innocence, what price should they pay?


Former Williamson County prosecutor (now state district judge) Ken Anderson is about to learn the answer to that question.


A Bexar County judge asked the Texas Supreme Court to convene a novel “court of inquiry” to explore whether Anderson violated any criminal laws and ethics rules in prosecuting Michael Morton for murder 25 years ago.  Last week, the Texas Supreme Court accommodated that request by appointing a Fort Worth judge to handle the inquiry.


In 1987, Morton was convicted of killing his wife, Christine, in their north Austin house. It appears as though Anderson may have concealed police reports and other evidence pointing to Morton’s innocence — including a report indicating that Morton’s 3-year-old son saw another man attack his mother — in an effort to secure a conviction at trial.


Indeed, last year DNA testing of biological evidence from the crime scene linked another man, Mark Norwood, to Christine Morton’s murder.


Had Anderson come forward with the exculpatory evidence in 1987, Michael Morton most likely would not have spent time in prison and Debra Masters Baker may have avoided death.  Norwood has been tied to the 1988 slaying of Baker.


The eyes of the nation are on the Texas criminal justice system, once again, but this time for positive reasons. Let’s hope the unique court of inquiry becomes a paradigm for how rogue prosecutors should be forced to account for their behavior in a public forum.


Let’s also hope that justice prevails, including the possibility — if the evidence supports it— of some form of punishment against Anderson.


It would be a small price to pay, after all, if it helps stop future prosecutors from acting above the law.
Medwed is a professor of law at the University of Utah who teaches and writes about wrongful convictions.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Fort Bend County Criminal Attorney | Board Certified Juvenile Lawyer

James Sullivan and Associates are experienced Fort Bend County Criminal Attorneys Sullivan has a proven record of successfully defending people from many different walks of life, faiths and countries throughout Fort Bend and Harris County in criminal and juvenile courts since 1994. 

James  Sullivan cares about his clients and gets proven results. He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them, how to avoid having a conviction on their record, and how to get on the right path for a successful life. Because Jim Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Sugar Land Criminal Lawyer James Sullivan seeks real solutions to his clients' legal problems. Sullivan fights for his clients with the goal to get the case dismissed or won at trial. When that is not possible or probable, he fights to prevent his client from receiving a conviction or incarceration, such as with pretrial diversion, deferred adjudication or regular probation. 

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you have to hire a defense attorney before or right after your first court setting. If your felony case is dismissed by the grand jury, you may be able to get your criminal record expunged right away. Many of Sullivan's clients have been able to do this within a few months of being arrested.

Attorney James  Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428.

BOARD CERTIFIED IN JUVENILE LAW 

Sugar Land Juvenile Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 68 lawyers Board Certified in Juvenile Law in Texas.

"As an attorney myself, when concerns arose over an incident involving my son, I knew the extreme importance of finding an attorney who is Board Certified in juvenile law. Board Certified lawyers are highly specialized - enough that the State recognizes them for their expertise. My search led me to Jim Sullivan and I cannot thank him enough. He is extremely well-versed in this highly specialized area of law, kind, compassionate and non-judgmental. He spent a great deal of time understanding the incident involving my son and providing us guidance. Thankfully, it appears that this will turn out to only be a "learning opportunity" for my son but, I have Jim's number in my phone and will call him immediately if the need arises."  ~Concerned Mom (Yahoo Directory Review)

BILINGUAL

Sugar Land Defense Attorney James Sullivan speaks conversational Spanish, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school. He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 30 years and have two children. They are devout Christians and worship at Christ the Redeemer Catholic Church. James Sullivan is also an Eagle Scout.

MORE THAN 3,000 CLIENTS REPRESENTED – TRIAL SUCCESSES

Attorney James Sullivan has personally represented more than 3,000 criminal and juvenile clients in Texas courts on cases ranging from minor misdemeanor juvenile offenses to felony family violence. There are many strategies to deal with criminal cases, from persuading a grand jury to dismiss felony charges, getting charges reduced or trying the case to a jury. Sullivan has used all these strategies successfully. Each individual’s case is different and no one can guarantee the outcome of any case.

Sullivan cares for his clients and is appreciative of those who were thoughtful and took the time to send him a note of gratitude.

"As an attorney, Jim Sullivan is low profile, down to earth, insightful, and most importantly, effective. I had met with other attorneys that presented a tough and flashy image and claimed to be the best in town, but I chose Jim because I trusted his integrity, capability and sincerity to do his best in representing me in the criminal case (theft) that was charged against me. I was proven to have made a sound judgment - Jim had my case totally dismissed without a trial setting, two months after the charge was made against me. From what I have observed, Jim does not just apply a standard formula to a case and then proceed in the legal system’s 'production line.' Instead, he thinks outside the box and he catches details that are critical to properly define the nature of an event and he goes on to break through a seemingly impossible situation. Jim is a very good attorney, a good man and a true blessing."  ~Kay, Houston, Texas (Yahoo Directory Review)

CRIMINAL LAW FIRM – AFFORDABLE LEGAL SERVICES

James Sullivan and Associates offer a full range of affordable legal services in criminal and juvenile defense, ranging from representation in court on all juvenile and criminal cases and sealing or expunging records for qualified people.

"We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job - our sworn duty - as criminal defense lawyers, to protect our clients from those people." ~Cynthia Roseberry

"The wisdom of our sages and the blood of our heroes has been devoted to the attainment of trial by jury. It should be the creed of our political faith." ~Thomas Jefferson, 3rd President of the United States in his First Inaugural Address (1801)

NANCY BOTTS

Attorney Nancy Botts has been licensed since 1988 and obtained her B.A. from USTA and J.D. from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts' main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. 

As a family law attorney, Nancy Botts has good results in child custody and divorce cases. She also has a strong commitment to offering each client the best possible representation.

AREAS OF PRACTICE

Arson, Assault, Bank Burglary, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Indecency iwth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing, Record Expungement, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Sugar Land Texas Theft Defense Attorney | Fort Bend County Shoplifting Lawyer | Board Certified

Sugar Land Texas Criminal Attorney James Sullivan represents adults and juveniles in Fort Bend County and Harris County (Houston) accused of theft, fraud, forgery and other such crimes of moral turpitude. James Sullivan has the experience and expertise to defend anyone facing serious misdemeanor and felony  charges. He has fought the government since 1994 and has successfully represented over 3,000 clients.

The big thieves hang the little ones. ~Czech proverb

Fort Bend County Criminal Lawyer James Sullivan cares about his clients and gets proven results. He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them, how to avoid having a conviction on their record, and how to get on the right path for a successful life.  Because Jim Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

If you need a Harris County Criminal Defense Attorney, call James Sullivan and Associates at 281-546-6428.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Fort Bend County Criminal Attorney | Sugar Land Criminal Defense Lawyer | Board Certified

Fort Bend County Criminal Attorney James Sullivan has defended criminal and juvenile clients in jury trials since 1994. He has represented over 3,000 clients. He defends and fights for those accused of breaking the law. He represents people from around the world, from many diverse countries, ethnic groups, religions and customs. He has represented people from literally every continent and over 75 countries.

Sugar Land, Texas Criminal Defense Lawyer James Sullivan studied Journalism, Latin American and Asian studies at Baylor University. He also speaks Spanish. In 1988, traveled to the war zone areas of northern Nicaragua on a Christian mission trip. In 1990, he lived in Mexico and has traveled throughout Latin America. In fact, he has hundreds of in-laws living throughout Mexico--from the coastal state of Guerrero to the most southern state of Chiapas. He has also traveled throughout Europe.

James Sullivan has represented many Spanish-speaking clients in criminal and juvenile court. He literally has represented clients from around the world and from all faiths. His understanding of different cultures has enabled him to get many cases dismissed based on a multitude of reasons--from cultural misunderstandings to psychological problems that were exacerbated by the need to "save face" in Asian cultures.

James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 68 lawyers Board Certified in Juvenile Law in the entire state of Texas. 

If you want serious representation, call Attorney James Sullivan at 281-546-6428.

Serving Harris County (Houston) and Fort Bend County (Richmond).

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.