§ 132.05. AFFIRMATIVE DEFENSES.
(A)
It is an affirmative defense to prosecution under Section 132.02(A) of this Chapter that any of the following conditions apply:
(1)
The Sex Offender established the Permanent Residence or Temporary Residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the effective date of this Chapter;
(2)
The Sex Offender was a minor when he or she committed the offense requiring such registration and was not convicted as an adult;
(3)
The Sex Offender is a minor;
(4)
The Premises Where Minors Commonly Gather within 2,000 feet of the Permanent Residence or Temporary Residence of the Sex Offender was opened after the Sex Offender established the Permanent Residence or Temporary Residence and complied with all sex offender registration laws of the State of Texas;
(5)
The person was at the time of the violation subject to community services supervision pursuant to Section 13B of Article 42.12 of the Texas Code of Criminal Procedure and the court reduced or waived the 1,000-foot restriction for a child-free zone under Section 13B of Article 42.12 of the Texas Code of Criminal Procedure as it applies to the person's residence; or
(6)
The person provides adequate documentation showing that the information on the Database is incorrect and that, if corrected, this Chapter would not apply to the person.
(B)
It is an affirmative defense to prosecution under Section 132.02(B) of this Chapter that any of the following conditions apply:
(1)
The Property Owner presents proof that the Property Owner checked the Database prior to letting or renting the premises and that the Database indicated at that time that no prospective tenant or occupant was a registered Sex Offender; or
(2)
The Property Owner presents proof that the Property Owner confirmed with the city police department prior to letting or renting the premises that no prospective tenant or occupant was a registered Sex Offender.
(C)
It is not an affirmative defense to prosecution under Section 132.02(A) of this Chapter that a person required to register as a sex offender under Texas law was allowed by mistake or error of the City to register or verify a residence that is within 2,000 feet of Premises Where Children Commonly Gather.
( Ord. No. O-2016-780 , § 2, 2-11-2016)