Failure to Register as a Sex Offender is a felony crime in Colorado. For people charged and convicted as a sex offender, one of the punishments is for the defendant to register with the community. Although the purpose usually given for this requirement is that people have some kind of “right” to know when someone nearby is a sex offender, the real effect is to isolate and embarrass people who have the register. However, unless or until this requirement is changed, people convicted of a sex offense, with need to register as a sex offender.
Failure to Register as a Sex Offender, C.R.S. 18-3-412.5
When someone is convicted of an unlawful sex offense in Colorado, the accused is required to complete sex offender registration with the law enforcement agency in the jurisdiction where he or she resides. This law applies throughout the state and includes people who live in nearby Denver, Arapahoe, Adams, Larimer, Douglas, Jefferson, or El Paso Counties. A defendant must keep their registration active until the law allows them to discontinue sex offender registration, at which point the person can de-register.
There are a variety of sex offense which require registration. These include:
- Sexual Assault
- Unlawful sexual contact
- Sexual assault on a child
- Sexual Exploitation of a child
- Enticement of a child
- Aggravated incest
- Indecent exposure
- Internet sexual exploitation of a child
- Internet luring of a child
What are the Requirements for Sex Offense Registration
Depending on the defendant’s sex offense, the person must register either quarterly or annually and each time the defendant moves or changes information. The person must provide a list of all the names used (i.e. aliases), the address of residences, any names used on computer hate sites and social networking sites, and identification of motor vehicles. , names used on social networking or computer chat sites, and motor-vehicle information.
For people moving here from another state, the law gives you five (5) days to register or re-register if they move here from another state. Moreover, there is a five day grace period of register if you are released from jail or prison, or move from one residence in Colorado to another residence. If you move out of Colorado, you have five days within which to de-register from your local precinct.
What Can I be Charged with for Failure to Register
Failure to register in a timely manner, or failure to provide accurate information in a registration, can lead to criminal charges for Failure to Register as a Sex Offender, C.R.S. 18-3-412.5.
Failure to register can either be a felony or misdemeanor sex offense.
- If the underlying offense a defendant was convicted of was a felony, the new failure to register as a sex offender charge can be a Class 6 or Class 5 felony.
- If the underlying sex offense was a misdemeanor, the new failure to register as a sex offender charge will be a misdemeanor.
Failure to register as a sex offender, C.R.S. 18-3-412.5, is a serious offense and prosecutors routinely file these charges in order to seek additional jail or prison time.
At the Law Office of Andres R. Guevara, we handle sex offenses cases and also have extensive experience assisting clients who have been charged with a failure to register. The sex offense registration requirements are onerous and complicated and we are able to help. Call us at (720) 379-8262 for information and a free consultation.