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State, S. State, 29 S. State, 89 S.

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State, 72 S. State, 70 S. See Abdnor v. At the time appellant failed to register in September , subarticle Resolution of this issue requires a two-part analysis. First, we must determine whether the Legislature intended the predecessor statutes of those offenses listed in subarticle Because making these determinations requires us to construe subarticle When we interpret statutes, we try to effectuate the collective intent or purpose of the legislators who enacted the legislation. Boykin v. We interpret a statute in accordance with the plain meaning of its words unless the words are ambiguous or the plain meaning leads to absurd an result.

Mosley v.

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If a statute may reasonably be interpreted in two different ways, a court may consider the consequences of differing interpretations in deciding which interpretation to adopt. Muniz v. Moreover, if one reasonable interpretation of a statute yields absurd results and another interpretation yields no such absurdities, the latter interpretation should be preferred. With regard to the underlying legislative intent of the sex-offender registration act, the Fort Worth Court of Appeals observed as follows:.

In re M. Rodriguez v. State, 93 S. Interpreting subarticle We believe such a reading leads to an absurd result that is contrary to the legislative intent of the statute. In , the Legislature repealed the statutes defining the offenses of rape, aggravated rape, rape of a child, sexual abuse, and aggravated sexual abuse. Though subarticle Because these offense are not listed, giving effect to the plain language of subarticle Given the obvious purpose of the sex-offender registration act generally, and the amendments specifically, the Legislature could not have intended such an interpretation.

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We interpret subarticle Such a reading effectuates the legislative objectives of the sex-offender registration act to safeguard the public's safety. Article The offenses listed in article Since then, the statutes covering sexual assault offenses have been amended, repealed, and amended again on numerous occasions. See 6 Michael B. As previously mentioned, the offenses of aggravated sexual assault and sexual assault did not exist in their current statutory form until Because the temporal application of Chapter 62 predates the current statutory versions of the offenses enumerated in subarticle We also note that, at the time appellant committed the offense at issue in this case, subarticle We conclude that an offense defined in a predecessor statute of those offenses listed in subarticle Next, we must determine whether the now-repealed statutory provision defining the offense of sodomy is a predecessor statute to an offense listed in subarticle Whoever has carnal copulation with a beast, or in an opening of the body, except sexual parts, with another human being, or whoever shall use his mouth on the sexual parts of another human being for the purpose of having carnal copulation, or who shall voluntarily permit the use of his own sexual parts in a lewd or lascivious manner by any minor, shall be guilty of sodomy, and upon conviction thereof shall be deemed guilty of a felony, and shall be confined in the penitentiary not less than two 2 nor more than fifteen 15 years.

Stated in somewhat arcane terminology, article criminalized a wide range of sexual conduct. While part of the sexual conduct described in article was decriminalized after the article's repeal in , other conduct listed in article remained criminalized.

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For example, current Penal Code sections Penal Code Ann. Penal Code section The conduct criminalized by article pertaining to children, i.

See, e. State, Tex. Additional cases indicate that sexual assaults involving children and other sexually assaultive acts were prosecuted under other provisions of article The type of sexually assaultive conduct described in these cases would today be prosecuted under either the sexual assault or aggravated sexual assault statutes.

We conclude that article is a statutory predecessor to the present-day offenses of sexual assault and aggravated sexual assault. We recognize, as stated above, that some of the deviate sexual conduct that was specified in the sodomy statute is no longer criminalized under Texas law. In addition, we recognize that the sodomy statute is also a predecessor statute to Penal Code section Section To the extent that a person was convicted under the sodomy statute for conduct that is now decriminalized or that constitutes conduct currently criminalized under Penal Code section In this case, the record does not reveal the specific underlying conduct that led to appellant's sodomy conviction.

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As such, we hold the charge was not erroneous. In his second point of error, appellant claims the trial court erred in denying appellant's motion for directed verdict because the evidence presented in the State's case-in-chief was factually insufficient to show that appellant had been convicted of two or more sexually violent offenses. At the close of the State's evidence, the defense moved for a directed verdict on the ground that the State had failed to prove that appellant had been convicted of two sexually violent offenses.

In other words, the emphasis of defense's argument was that the State had failed to prove appellant had been convicted of two sexually violent offenses, not that the State had failed to show that the offenses were sexually violent offenses.


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Skip to Main Content. Additional Resources The Southlake Police Department wants to make sure that its citizens have easy access to local, state, and federal programs that provides important public safety information. We have provided links below to the most frequently requested websites. Questions about this page can be directed to Local Safe Haven of Tarrant County - Assistance for women and children affected by domestic violence. Rape Crisis and Victim Services - Assistance for child and adult victims of rape, sexual abuse, domestic violence, assault, the murder of a family member and other traumatizing crime.

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