By By Arthur Weinreb May 5, 2014 in Crime Austin - Suzanne Kearns, 51, is a registered sex offender. Yet it has never been alleged she sexually assaulted or abused anyone. Kearns so far has been unsuccessful in having her name removed from the Texas registry. In 2002, while the child's father had custody, Kearns kidnapped her five-year-old son and took him to Mexico. Three years later she was convicted of aggravated kidnapping and sentenced to five years imprisonment. Kearns was released in 2010. Kearns claimed she took her son away from his custodial father because he was abusive and now feels she is inappropriately stigmatized by being on the sex offender registry. Her picture, her physical description and even her shoe size are available for viewing on the registry's website. Under Texas law, Kearns must remain on the registry until 2020. In 1999, Texas amended its sexual offender registration law to include the non-sexual crimes of kidnapping, aggravated kidnapping and unlawful restraint of a person under the age of 17 years. In a separate opinion, Judge Cathy Cochran Cochran then suggested the legislature consider exempting parental abductions. Former Texas Rep. Ray Allen, who introduced the amendment in 1999 to add kidnapping, sees no problem with a parental abduction exception as long as the judge determines no sexual abuse took place. Allen The court pointed out, the law was changed in April 2013 to allow for early termination of the sex offender designation and told Kearns she could now reapply to be removed. On April 9, the Texas Court of Criminal Appeals dismissed Kearns' application for a writ of mandamus requiring the state to remove her name from the database of registered sex offenders. Although two of the justices were sympathetic to her plight, her application was dismissed. Prosecutors had argued the designation was necessary to protect her son who is now over 17.In 2002, while the child's father had custody, Kearns kidnapped her five-year-old son and took him to Mexico. Three years later she was convicted of aggravated kidnapping and sentenced to five years imprisonment. Kearns was released in 2010.Kearns claimed she took her son away from his custodial father because he was abusive and now feels she is inappropriately stigmatized by being on the sex offender registry. Her picture, her physical description and even her shoe size are available for viewing on the registry's website.Under Texas law, Kearns must remain on the registry until 2020.In 1999, Texas amended its sexual offender registration law to include the non-sexual crimes of kidnapping, aggravated kidnapping and unlawful restraint of a person under the age of 17 years. Unlike 34 other states , Texas did not create an exception for parental abductions where there are no allegations of sexual assault.In a separate opinion, Judge Cathy Cochran wrote , "It is the legislature's prerogative to determine which offenders warrant the additional and more intense supervision of registered sex offenders. But the legislature may re-examine whether the kidnapping of one's own child is consistent with the legitimate and non-punitive purpose of sex offender registration; public safety that is advanced by alerting the public to the risk of sex offenders in their community."Cochran then suggested the legislature consider exempting parental abductions.Former Texas Rep. Ray Allen, who introduced the amendment in 1999 to add kidnapping, sees no problem with a parental abduction exception as long as the judge determines no sexual abuse took place. Allen said , " It is my opinion now that we threw the net too wide back in the 90s and brought too many people into the sex offender registry."The court pointed out, the law was changed in April 2013 to allow for early termination of the sex offender designation and told Kearns she could now reapply to be removed. More about suzanne kearns, registered sex offender, texas court of criminal appeals, aggravated kidnapping, Parental abduction More news from suzanne kearns registered sex offen... texas court of crimi... aggravated kidnappin... Parental abduction