Texas Department of Public Safety v. Anonymous Adult Texas Resident
2012 Tex. App. LEXIS 7468
| Tex. App. | 2012Background
- DPS appeals a district court judgment reversing DPS’s determination that appellee must register as a sex offender under SORA.
- Appellee was Massachusetts defendant convicted in 1993 of indecent assault and battery on a person over fourteen; MA statute carried a 5-year max, with MA registration until 2015.
- Appellee moved to Texas in 2006, obtained EMT license, disclosed MA conviction in job applications, and provided MO/extra documentation at employer request.
- DPS notified appellee he must register in Texas, asserting Massachusetts indecent assault has elements substantially similar to Texas sexual offenses under SORA; DPS sought to classify as reportable conviction.
- Parties cross-moved for summary judgment; DPS sought to introduce a police report recounting the victim’s allegations; appellee moved to strike the report and the trial court granted appellee’s motion without explicit reasoning.
- Court concluded Massachusetts indecent assault is not substantially similar to Texas offenses listed in SORA; affirmed district court’s judgment and did not reach the police-report issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the Massachusetts and Texas offenses substantially similar for SORA reporting? | DPS argues substantial similarity based on context and underlying conduct. | Appellee argues no substantial similarity; Garcia framework controls. | Not substantially similar; DPS’s theory rejected. |
| Was the police report exclusion necessary to decide the case? | DPS contends the report shows context meeting substantial similarity. | Appellee argues exclusion was proper; no basis to decide issues otherwise. | Unnecessary to address; not reached. |
Key Cases Cited
- Prudholm v. State, 333 S.W.3d 590 (Tex. Crim. App. 2011) (standard for substantial similarity under SORA; high degree of likeness required)
- Ex parte Warren, 353 S.W.3d 490 (Tex. Crim. App. 2011) (applies substantial-similarity framework to offenses; elements-based analysis preferred)
- Garcia v. DPS, 327 S.W.3d 898 (Tex. App.—Austin 2010) (limits on using underlying conduct; Garcia guidance on when to review conduct underlying foreign conviction)
- Commonwealth v. Mosby, 567 N.E.2d 939 (Mass. App. Ct. 1991) (Mass. indecent assault elements defined by common law touch; broad interpretation of contact)
- Commonwealth v. Vasquez, 839 N.E.2d 343 (Mass. App. Ct. 2005) (illustrates scope of indecent assault and battery concepts in MA)