10.23.2007

It's Halloween . . .


. . . so it is time for the Sheriff's annual publishing of Registered Sex Offenders in the local paper. A pdf version of it is available now.

The sexual offender list really bugs me. Some defendants, based upon the facts, simply don't deserve it. But even if he/she pleads to a deferred adjudication probation (which means they weren't found guilty) they still have to register as a sex offender - oftentimes for life and long after their probation has ended. And the crazy part was that the registration law was retroactive. There were many, many people who pled in the 1980s and earlier, successfully completed their probation, only to find out that a new law required them to register for the rest of their lives.

Edit: Someone below ask me to explain what the various charges mean in the press release. Let me try to do that by describing what normally is meant by the various offenses when they involve crimes against children. Disclaimer: I'm not saying this is what happened with any of the individuals listed in the Sheriff's press release.

- Aggravated Sexual Assault: Generally, this means some type of sexual contact with a person younger than 14 years of age. Consent isn't an issue, and it basically includes any kind of sex act involving "below the belt" of either the defendant or the child (but the statute is very specific regarding what acts are prohibited). See Texas Penal Code § 22.021
- Sexual Assault: This is exactly like Aggravated Sexual Assault but with the victim being older. Specifically, the victim must be older than 14 but less than 17. See Texas Penal Code § 22.011
- Indecency With A Child By Contact: This generally means the touching with the hand of the "private parts", including breasts, of a person under 17 years of age. The touching must not be accidental but with the intent to "arouse or gratify the sexual desire of any person." See Texas Penal Code §21.11
-Indecency With A Child By Exposure: This normally means the defendant exposed his "private parts" to a person under 17. Once again, the exposure must be done with the same "arouse or gratify" intent as mentioned above.

Concerning consensual sex among teenagers, there is a defense to the last three crimes if the defendant "was not more than three years older than the victim" (so long as the defendant was not already a sex offender.) That defense does not apply to Aggravated Sexual Assault.

53 comments:

Anonymous said...

If you had your own children, this law wouldn't "really bug" you!

Anonymous said...

One urine release at a fooball game or at a neighbors fence could go from disorderly conduct to exposure charge. U know Barry depending on who is qualified to file and convict could register alot more as offenders. Orginally the bases of registration was for sex offenders and not expose's. Not tring to defend the convicted, but injustice could be done.

Anonymous said...

I somewhat agree with you ~ but, for the most part, they should be labeled for life. I too question the charges that are filed on these cases with "consenting 16" year olds.....normally those cases are few and far between and it is an angry father out for "justice" and to put a 19 year old behind bars. But, as I said for the most part, they are a bunch of creeps. Look at the pictures...scares me.

The 70 Ft. Tall Texas Ranger in Waco said...

It cracks me up that some of those guys have big ol' smiles on their faces. What in the hell are they smiling about??

I think they should be paraded through the streets ~ the walk of shame.

Anonymous said...

Sheriff Walker has balls,,,,,,,,,,I bet he gets sued for this...I just moved here, do not know Sheriff Walker but think this is a GREAT DEAL....If he does get sued for this ad, I will help pay the lawyer fee. I have a 3 yoa girl and I just learned that I live within 1 mile of one of these "fine" citizens.........Sheriff your ad works..............

Anonymous said...

I know 96 people who need to move from Wise County......USE THIS AS YOUR EVICTION NOTICE

Anonymous said...

A sex offender is a sex offender regardless. Know the law and keep that thing zipped up and it will keep you out of the Messenger! They are the one's that put themselves there. They should have thought about what they were doing before they acted. You go Wise County Sheriffs Department! Thanks for keeping our children safe!

The Sheriff said...

I agree with you Barry on the sex offender lists. I have talked with several legislative people in Austin on looking into changing the sex offender laws regarding some cases. Not a politically correct thing to do, but I agree that not all the "defendants" deserve to be on the list. A LOT DO DESERVE IT but there are cases that should not.

Wise County actually has 115 registered sex offenders. The reason you only see 96 is for two reasons: 1) Laws regarding registered sex offenders that are Juveniles. We deleted the juveniles from the ad. 2) There is no reason for us to publish the information on sex offenders that are currently locked up in a County Jail or prison. (It costs us money and for the sake of space we delete those as well)

The reason we publish this ad at Halloween is because it is a good time for a public reminder. Our hopes is that the public will keep the public service announcement and utilize it for reference throughout the year. Some Wise County folks do not read the paper, some do not use the internet, and most do not know that they can come by our office and read about each sex offender. So we decided to utilize several ways to notify the public:

1: Telephone notification--2 mile radius from the offenders residence EVERYONE ANSWERS THE PHONE OR HAS AN ANSWERING MACHINE

2: Sex Offender Notice to the public when the offender registers

3. Public web site for Wise County and the State of Texas

4. Halloween ad that will be kept and used throughout the year.

We feel that it is important to know where sex offenders live and to continue to do so not only at Halloween but throughout the year.

Anonymous said...

I think the ad is AWESOME and for those that are on the list deserve it.......Don't mess with kids and the Sheriff will not put you in the paper....I was watching Channel 33 last year and vividly remember seeing Sheriff Walker and him replying after the reported asked: "Do the offenders complain and if so what do you tell them" On television the Sheriff said "I tell them not to do the crime and their ass would not be on the ad" That is great-----No interprutation needed....

Anonymous said...

The supreme Court needs to keep the death penality........

Anonymous said...

Woo hoo ~ we heard from the sheriff himself. You've got quite a following Barry!

Anonymous said...

I am the mother of one of the sex offenders on this page..I do not like it at all, but I understand the Sheriff's reasons. I spoke with him last week about the ad and he told me that it was coming out tomorrow. My son did wrong and I hate that, not all sex offenders offend again. The Sheriff listened to me and was very nice,,,,,he ended the conversation by saying that he understood my thoughts on the ad, but he has job to do and that is to protect all of us. I support it but do not like it.

Anonymous said...

I work for the Sheriff and I can tell you he is not happy with having ANY sex offenders in the County...I might not like everything he requires, but he is very straight forward when it comes to sex offenders what he requires regarding them,,,I have to get back to work before he comes by my office

House of R & R said...

Barry, please explain the different charges and what they mean.

Anonymous said...

I wish we had a list of drug offenders - that way I would know where to drive by pick up some herb.

Anonymous said...

the High Sheriff will not get sued, this is public information.


For true hard-core offenders, castration would be too good for the sorry b's

Anonymous said...

Lets see...the sheriff himself is on here along with 1 employee for sure...what are we paying you guys to do exactly?!? Sit around, eat donuts, and BLOG!

Anonymous said...

Thank you Sheriff - but isn't it sad, that you mentioned that some are juveniles and can't be listed here? Well, isn't it sad to begin with?

Will those juveniles go on the books, so to speak, when they turn 17 or 18?

But, some just might be walking the halls of our local schools.

I mean, they ARE walking the halls of our schools.

How does one go about finding out who THEY are, THEY who are going to school with our children daily?

Anonymous said...

Sheriff


I live within a two mile radius of one of the sex offenders. I have an answering machine and I have NEVER received a phone call about it. I live in the same neighborhood as you do and theres a sex offender on Cates Street-- that would be within 2 miles of our neighborhood!!

You might want to FIRE the person who was assigned to notify everyone b/c 2(so far) of my neighbors say they never received the call either!!

Crud Bonemeal said...

Holy Bleeding Heart, Batman. And Barry, would you please put a stopper on the sputum emanating from your computer. You just can't stand to see some criminal pay for the crimes. Let us not forget:

1. The act was a crime when done by the criminal.

2. The penalty was in place when the crime was committed, including sex offender status.

Easy answer for the outlaw is IMPULSE CONTROL. USE YOUR BRAIN AND DON'T JUST REACT TO ANY STIMULUS LIKE SOME SINGLE CELL LIFE FORM! That is how you avoid the sex offender list. Just because you can have sex with someone, does not mean that you need to or should.

The fault is on the offender for those on the list. It is not on the victim, the police, the courts, or the legislature.

Anonymous said...

if all sheriffs would do this they couldnt hide as well. i do feel for some on the list though. especially the ones that pissed in front of someone back in the day and got put on here. i know of one on here that that happened to. but the law is the law.

Anonymous said...

6:55 I read your post and saw the Sheriff outside his house. I asked him about the telephone calls and he said that they do it with the new offenders and not the old ones. When a sex offender registers, they use the system then. He said they have had some problems and that he has a new system called Reverse 911 and it should be online in November and work a lot better.

Anonymous said...

I am a resident of Galveston County and want to know what you Wise County people do to get your Sheriff to do this list? Our Sheriff would never do this and I am going to ask him to call Sheriff Walker tomorrow....Will Sheriff Walker move to Galveston County?

Anonymous said...

So if a 15 year old boy cuts through an alley taking a shortcut and he sees a 40 year old woman squating down taking a pee trying to hide behind her fence or a shrub, the 15 year old can run to the law and say "I saw that bad woman's thing" and she can be arrested and labeled a sex offender for life? Don't think women pee outside? This is Wise Redneck County.

Anonymous said...

You've just made the news again!

Condoleesa said...

I have a somewhat skewed perspective here but I still think we are way to lenient with these people. I personally know of one sex offender that plead to a lesser charge (not sexual in nature) and ended up not having to register even though he molested his own daughter from the time she was 7. He is now working in a hotel. It just totally freaks me out.

Additionally, he did not lose custody of his children. He got JOINT yes JOINT custody even though he had molested one of his own previously. I understand these people have rights but where are the childrens rights?

What is wrong with our legal system that a 19 year old messing with a 16 or 17 year old and get permanently put on an sex offender list but a bonafide child molester doesn't?

Anonymous said...

Maybe we should hear from the medical community on this issue rather than beat it to death from the legal standpoint.

These folks are sexually sick and personally I don't think they ever recover whether they have served their "time" or not.

Their sick acts ruin children forever.

Lock these sickos up and let them mess with each other.

Anonymous said...

If you 're so little that you stay little , then shut up and don't hand out candy. Just one of you liberals get molested , again and again then feel sorry for the scum right before YOU pull the trigger. IT doesn't mean very much till YOU don't want that place touched !!!

House of R & R said...

Thank You Barry!

Anonymous said...

Ok, Barry, you know what to do to get those laws changed to protect these folks. Do the hard work and run for the legislature.

And answer for us three more questions:

1. Give us the percentage of sexual offenders in our prison systems?

2. Tell us what percentage of these (poor souls) are repeat offenders.

3. Give us some stats on how many of these folks are totally rehabilitated.

Anonymous said...

The sex offender laws you seem to have a problem with certainly deal with some of our most serious crimes and it shouldn't "bug" you to have public information about it made public. Should we not know who the offenders are and where they live? Sure, there are criminals who plead out for deferred adjudication and that does not mean that a serious offense has not been committed. It means that some defense lawyer has convinced a criminal client to take a deal when he knows a trial would raise the ante. It is a last resort way of skirting more serious punishment and registration is the very least that should be the result. If they were not guilty, they would go for a trial.

You have a problem with people on the list for life or offenses that go back to the 1980's? Well, you fail to take into consideration the numbers of repeat offenders on the list. The publication of their identities is a very effective way of keeping known offenders from repeating their crimes. What "bugs" me is that more sherrifs don't provide such a valuable service for their citizens. It should be standard practice everuwhere and not an option. Thanks David Walker!

Anonymous said...

I think you guys are missing the point. This 21 year old guy wanted to date my 17 year old daughter. She had flirted with him and wanted to go out with him. I called and threatened to have him arrested if he touched my daughter. Was he a sex offender? No he was normal guy. Would he be on this list? Yes.

Anonymous said...

BOTTOM LINE------SEX OFFENDERS ARE NEVER CURED AND SHOULD ALL BE HOUSED IN A PRISON FAR FAR AWAY. I applaud the Sheriff for this publication and look forward to other Texas Sheriff's to do the same. I just moved here from Huntsville and can tell you that I worked for the Department of Corrections and see sex offenders everyday of my job. THEY ARE NOT ABLE TO BE REHIBILITATED

House of R & R said...

9:11 I agree with you. Unfortunately, the legal system and it's "workers" are not intelligent enough to know what common sense is.

Gator said...

Barry, your entire outlook on publicizing sex offenders changes once you have kids. As a parent, you do your damnedest to keep your kids safe and from harm. I understand the legal ramifications of invasion of privacy, but they were convicted of doing a heinous crime that we as parents have a right to know about. As far as I'm concerned they lost their rights to privacy, respect and any dignity owed to them when they chose to do what they did. The issue with the teenagers that got caught with another teenager and the parents filed charges should be in there, I agree. But, the repeat offenders, sexual predators and sickos that touch inappropriately and violate our precious children should have to wear a scarlet letter so we know who they are everywhere we go...not just their residence. It's always good to know where they live and lurk and what they look like. You are right 3:57 Sheriff Walker has some balls and I commend him on his efforts to educate the community on OUR rights as law-abiding citizens to help us be pro-active in keeping our children safe from these bastards. As far as I know Walker hasn't been sued...he's done this years prior to this one. Kudos to Sheriff Walker and his staff for keeping us all in the "know". Debbie Denney sends out alerts, notices and pertinent information all the time and I am thankful that the Sheriff's office cares enough to do so.

Anonymous said...

Let's recap here. Eliminate the death penalty, legalize all street drugs, lower the punishment for DWI and do not publish identities of sex offenders. Barry, maybe you would be better off in San Francisco.

Anonymous said...

9:11-the only way he would be put on that list is if you would have followed through with your threat to have him arrested. Then he would have to be indicted, go to trial, be found guilty (or got deferred adjudication). I'm no lawyer so I don't know the exact process but if the daughter willingly consents, don't you think that may come out somewhere along the way and the guy might get out of it?

On the flip side, how many times do you think a 21 yr old has had sex with their 17 yr old girlfriend when she wasn't willing and she didn't turn him in. After smoothtalk, she's convinced it was her fault it happened so she doesn't say anything to anyone. I'd bet our sex offender list would grow tremendously if all crimes were reported!

Anonymous said...

9:17/6:55 I got my phone call and I live on the same street as the sheriff & you. The system is not perfect, but the sheriff is making huge strides in getting the word out. Keep up the good work Sheriff Walker!

Anonymous said...

You parents invoking the "well, its different when you have kids..." line are all bunk. Live in fear of the boogie man hiding in the corner!

Annie Jokely said...

"consentual" or not, there is no excuse for ignorance of the law. Under age is under age. I don't feel sorry for anyone that ends up on "the list".

Anonymous said...

Well since we all (me too-the neighborhood)live by
"WALKER TEXAS SHERIFF"
Im surprised his house and the new superintendent house have not been toiletpapered yet.
That was big when I was in High School....What do kids do for fun these days??

Anonymous said...

I respect Barry for hosting this blog and know that many who post here are lawyers. And we all know what they are about.

Now somebody explain this:

If a GRAND JURY finds enough "evidence" to bring these sex offenders to trial, how is a jury to handle their decision? Just dismiss it? Or think deeply about it?

My question is why in the world would any self respecting lawyer even take a case (appointed or not) if the grand jury ruled that enough evidence existed to bring the pervert to trial?

PLEASE, somebody enlighten we who are not law literate.

Anonymous said...

3:39, who the hell put a computer in your cell???????

mzchief said...

Not ALL sex offenders should have their name and location published in the newspaper. Not ALL sex offenders are pedophiles. The 21 year old who touches a 17 year old should NOT be branded as a sex offender for the rest of their life.

Sex offenses should be categorized in degrees like felonies and the degree of sex offense committed by the offender would determine the level of reporting and tracking.

Anonymous said...

I agree with Gator and am very proud that Sheriff Walker has published this list of sexual offenders.

Those who inflict such serious sexual injuries upon children should be brought to trial, found guilty and put away from children forever.

Maybe I am missing something, but aren't these offenders supposed to have signs in their places of residence saying they are sex offenders? At least one guy in Bridgeport whose photo was on that list, does NOT have a sign.

So who enforces that?

Anonymous said...

8:47PM, I have four kids. That is why I made that statement.

But go ahead and jump up and every bump in the night.

Another reason why I made it is you all champion the sheriff as a defender of your children, well he doesn't have any. So how would he know? It doesn't work both ways.

Anonymous said...

8:27 - our Sheriff has family members who are children - I applaud him for running this ad. If folks don't want their dispicable acts advertised via a personal photo, then they should keep their hands and other body parts OFF our children.

Period!

Anonymous said...

Well here's a thought.

Why don't we call all the molesters and give them everyone's addresses who think they've been done wrong and they can come over and have dinner and watch a movie with you and the kids this weekend.

Anonymous said...

Or on second thought,why don't you and the hubby go have dinner, see a nice movie and they'll watch the kids.

Anonymous said...

No, I think they should all be rounded up and made to attend the scary haunted Wise County Jail for Trick or Treat night - dress 'em all up as "Hannibal Lecters" with their arms and legs bound, but leave their real faces visible - hang the plastic pumpkins on their little carts, and the kiddies can get some candy without being touched.

Wow, did I just type that? Gawd forgive me. Y'all must admit that would be some scary shiate though, wouldn't it?

And, as a caveat, the kiddos could see what it MIGHT be like for them if they were ever bad enough to be put in jail.

House of R & R said...

"hang the plastic pumpkins on their little carts, and the kiddies can get some candy without being touched"

Sicko

Anonymous said...

Always sort of wondered how lawyers handle cases of sexual abuse (of children) when they may have been abused as children.

Anonymous said...

10:14AM, that was my point. The commenters saying "Oh, but you don't have kids! Its different when you have kids!" are full of hot air.

I'm sure being human and having an extended family, Barry quite possibly has a human under the age of 18 in his family.

If you're going to extend the "Well, the sheriff has relatives that are children!" and then use the "Well, you don't have kids!" in the same breath are full of crap.