§ 9-75. Exceptions.

The following shall be exceptions to prosecution for violation of this article:

(1)

The person required to register in/on the database established the permanent residence or temporary residence and residency has been consistently maintained and the person has complied with all of the sex offender registration laws of the state, prior to the date of the adoption of this subchapter.

(2)

The place where children regularly congregate, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register in/on the database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.

(3)

The information in/on the database is incorrect, and, if corrected, this subchapter would not apply to the person who was erroneously listed in/on the database.

(4)

The person required to register in/on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.

(5)

The person required to register is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution located within 1,000 feet of the real property comprising a school, child care facility, child care institution, park or playground or other places where children regularly congregate.

(6)

The person required to register is under 18 years of age or a ward under a guardianship, who resides with a parent or guardian.

(7)

The person required to register has been exempted by a court order from registration as a sex offender under V.T.C.A., Code of Criminal Procedure, ch. 62.

(8)

The person required to register has had the offense for which the sex offender registration was required, reversed on appeal or pardoned.

(9)

The person's duty to register in/on the database has expired.

(10)

Nothing in this provision shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.

(11)

The person is adhering to local school policy or is otherwise preempted from this section by state law.

(Ord. No. 13-783, § V, 9-16-13)