Liberty County sex offender gets 25 years in prison for failing to register

A sex offender who repeatedly failed to register his addresses with law enforcement – a state law in Texas – is getting a more permanent address in a state jail for the next 25 years.

On Monday, June 28, 2021, in the 75th Judicial District Court of Liberty County, before Judge Mark Morefield, sex offender Mark Emanuel Marsh, III, pled guilty to the third-degree felony offense of Failure to Comply with Sex Offender Registration. In accordance with his plea and based on his criminal history, Marsh, 44, received a sentence of 25 years in the Texas Department of Criminal Justice.

Texas law requires sex offender registration for any person convicted of certain out-of-state sex offenses that are “substantially similar” to Texas sex offenses that would subject them to registration. The Texas Department of Public Safety (DPS) is tasked with determining which out-of-state offenses require sex offender registration in Texas.

Marsh was convicted of Criminal Sexual Conduct in the fourth Degree in the state of Michigan in 1997. Texas DPS determined this offense translated to the Texas crime of Indecency with a Child by Contact. Marsh had moved to Texas sometime in the early 2000s, where he learned of his duty to register in this state annually for his lifetime.

Marsh has repeatedly refused to comply with this requirement, having been convicted in 2009 and 2012 for failing to comply with his sex offender registration requirements. In his current case, Marsh reported to the sex offender registrar of the Liberty County Sheriff’s Office in 2017. At that time, he claimed that he resided at a location in Dayton, Texas.

In April of 2018, law enforcement conducted a random sex offender location operation (SOLO) check on Marsh and found that he had not lived at that Dayton address since 2017. Marsh was subsequently indicted for Failure to Comply with Sex Offender Registration and arrested in July 2019. He has since been confined in the Liberty County Jail.

Assistant Criminal District Attorney Kayla Herrington said of the sentence, “Marsh has proven time and time again that he will not register while he remains in Texas. Now, there will be no mistake as to where he’s residing.”

District Attorney Jennifer L. Bergman said the laws pertaining to sex offenders are very clear and are needed to safeguard the community.

“Sex offender registration requirements in Texas have been instituted to keep our children and communities safe from sexual predators like Mr. Marsh. When someone repeatedly refuses to abide by these registration requirements, you can be assured the only thing that will stop them from violating the law is a lengthy prison sentence. Thankfully, Mr. Marsh won’t be part of anyone’s community for a very long time,” Bergman said.

17 COMMENTS

  1. I refuse the sex offender registry based upon the following grounds.

    1. It is an ex-post facto law in violation of the US Constitution.
    2. The registry does not protect the community because the registry is used to systematically isolate a person within society from society A socially isolated person is more likely to have antisocial behaviors.
    3. The registry is used to harass and threaten. Every person has a right to live in peace within the community
    4. The registry is used to discriminate. A criminal conviction is a “not” protected class with a registry given to the public in unlimited ways. This is the realization of NOT protected. This means a likelihood of destitution.
    5. NO DUE PROCESS. a law that regulates behaviors because of dangerousness must be backed by court decisions. A conviction alone is not enough.
    6. The registry is not a civil law. Civil laws have civil outcomes. The only outcomes to a registry is a loss of safety and/or security.
    7 a registry violation is grossly disproportionate to the “crime” committed. 25 years for a registry violation that only strips safety and security of the offender is cruel and unusual punishment.
    8. Forcing a person to choose between his safety and/or security or following the law is a violation of human rights.
    9. No court has ruled that dangerousness is a requirement to be listed.
    10. 25 years in prison does not increase the credibility of your registry, but only highlights its absurdity when applied to those who do not pose a danger to the community.

    Due Process is a DEMAND, not a request. It is a RIGHT not a privilege…

    SORRY ABOUT YOUR REGISTRY. It has been proven safer to the community NOT to register. Isn’t that funny? I know I am laughing.

      • What do you mean, “no reason to protect them” This person here is getting 25 years for a violation of a sex offender registry, for not giving an address, and you are proclaiming, publicly that giving the public the address of offenders is NOT PROTECTION!

        You can’t force me to follow laws like this.

        While you getting access to a registry, as a matter of law, the registry is illegal, simply because a member of the community, who gets complete and unfettered access to a registry, is proclaiming those on a registry is not to be protected.

        Texas courts has been very clear that even when one poses NO THREAT, they are still liable for registry laws, and yet members of public really believe the public registry is there, not to protect the community, put to strip protection from offenders.

  2. His charge was actually statatory rape. Consential sex between a 15 and 17 year old. A charge that would have been protected by texas 3 year law. I see no justice in this at all. Texas should do a bit of research and get facts right. Murders get less time.

    • I don’t know if this is true, but I know it can be true and I know it has been true in the past.

      The underlying crime and the 25 years imprisonment meets the legal standard of “shocking the consciousness”.

      It means you all have gotten so neurotic about your registry, that you all forgot about actual justice, fairness and even decency.

      It also means that very very few people will see any credibility in the registry which makes my fleeing, not only understandable, but necessary and legal to protect justice.

      • I don’t know why I would believe you, but we will give you the benefit of the doubt.

        Is 25 years for a failure to register excessive when shown in the light that registering will only lead to unlimited discrimination and likely a loss of the address that you are registering?

        Your answer actually means something, seeing as how YOU do get access, complete and unfettered to a sex offender registry.

        There is one thing the police do say about offenders and, that offenders move an awful lot. It isn’t because they are naturally nomadic, but because there is no stability in housing.

  3. He was actually relaesed in 97 thats when he started registering. And a little more knowledge you obviously cant find on internet…. 1 of his failure to comply with registering was from what you sent link for. So how are you going to pass judgment on him from your link when he went to jail for not being there. Lol see how quickly people are to judge without facts. Thats whats wrong with the world

    • This is my last comment under Rudy101. I have been doing this for over 10 years and literally 1000’s of comments that are all so very similar to these.

      This article is scary. 25 years? Really? Are you all pretty smug about it?

      I will never go on a registry again. It is dangerous.

      I have a great life. I did it all by myself. I am respected, I am accepted, and I am a contributing member of my community.

      It is time I stood up for what is right, just and fair.

      My Petition is done. It is ready to be submitted to the court. I wrote it myself. It will soon be filed at the United States District Court For The District Of Columbia. It is a Writ of Habeas Corpus.

      What ever my country does with it, is mostly their business. I will not go on a registry again.

      GOD has been with me all these years, whether tough ones or good ones. He guided me from the utter pits of despair where everything was destroyed, to the light of my pride and hope. God has been there through it all. He’s not going to leave me now.

      The registry is wrong, as it is applied. It needs to be fairer and a way to get off for everyone. Each person is accessed individually. Every sex crime is not created equal and every offender is different from the next.

      I look forward to seeing what the court will do. But there is one thing that is a certainty, my life is far and away worth way more than that liability for a 25 year sentence for a failure to registry.

      It is why your registry WILL fail.

  4. Registry laws are draconian and against everything this country stands for. Its a sick and disgusting excuse to diminish others rights after a sentence is finished. If you stand for the registry, you might as well stand for Hitler. Hate begets hate. Keep hating haters. This ridiculous clown and pony show will not last forever. Remember my words, every single one of you remember me. Ill be better off dead than free. My life is a joke. But ill fight until the end and these lies will be found one day to be what they are. HATE!

  5. Rudy101…do u know how or what to do to get off the sex offender registry? I know a few people that are on there and should not be!! What can they do??

    • I have my petition on its way. What I am trying to do is establish an “interest” or a RIGHT to NOT be a registered offender, under the US Constitution, 5th amendment due process clause. If I can do that then a couple of things happen. One, is everyone will get their chance at some point, to make their argument to a court, and a plan is made on what needs to be done to get off. The second thing it does is forces all the states to respect the judgement of the court making the decisons on dangerousness.

      The fact there are 50 different State laws all acting independently to “regulate” under their own theories, by itself is a violation of “substantive due process”

      I just find it hard to beleive we have a government with an unquestioned power to create a list of outcasts and populate it with whomever they can get enough votes for, and then apply it 50 years back.

      That doesn’t even sound like a representative government…

      And truth be known, it isn’t…at least not anymore.

      Só.. now THIS is my last comment under Rudy101. 😀

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