Colorado Failure to Register as a Sex Offender

Criminal Consequences in Denver

In Colorado, if a person is convicted of a specific unlawful sexual conduct crime, they must register as a sex offender. This requirement means that they must periodically provide their personal identifying information to a local law enforcement agency. That information may be released to members of the public and, depending on the situation, may be posted on the agency's or the Colorado Bureau of Investigation's site. If a person fails to register, they can be charged with a misdemeanor or felony offense and face additional criminal penalties.

If you have been accused of a sex crime, enlist the help of a Denver attorney who can aggressively fight your charge. By seeking a favorable outcome in your case, such as dropped charges or an acquittal, you can avoid the sex offender registration requirement. Attorney Kevin Cahill can fiercely defend you and protect your rights and future.

For skilled legal representation, call the Law Office of Kevin Cahill at (720) 548-2990 or submit an online contact form today.

Who Is Required to Register as a Sex Offender in Colorado?

The sex offender registration requirement applies to individuals convicted of certain sex offenses.

Under CRS 16-22-102, qualifying crimes include, but are not limited to:

• Sexual assault
• Unlawful sexual contact
• Enticement of a child
• Sexual exploitation of children
• Soliciting a child for prostitution
• Internet sexual exploitation of a child
• Invasion of privacy for sexual gratification

What Information Must Be Reported to Law Enforcement?

If a person is required to register as a sex offender, they must report to a local law enforcement agency. They must do this within 5 days of release from incarceration or after receiving notification to register (if they were not incarcerated).

When registering, they must provide the following:

• Current and former names
• Date of birth
• Address
• Additional addresses
• Fingerprints
• Current photograph
• Email address and online identities

The information gets stored in the law enforcement agency's database and is sent to the CBI.

How Often Must a Person Register?

The frequency and duration of sex offender registration depend on the specific circumstances.

For many convicted sex offenders, they must register annually, within 5 days before or after their birthday.

The person may petition for relief from the registration requirement as follows:

• 20 years after the discharge of their sentence, if they were convicted of a class 1, 2, or 3 felony
• 10 years after the discharge of their sentence, if they were convicted of a class 4, 5, or 6 felony
• 5 years after the discharge of their sentence, if they were convicted of a class 1 misdemeanor

If the person is considered a sexually violent predator. They must register every three months, and they are required to fulfill this requirement for the rest of their life.

A person may be designated a sexually violent predator if they were convicted of any of the following:

• Sexual assault on a child
• Sexual assault ton a child by a person of trust
• Felony sexual assault
• Sexual assault on a client by a psychotherapist
• Incest
• Aggravated incest

Additionally, any time a person does any of the following, they must report to their local law enforcement agency:

• Changes addresses
• Establishes a new residence
• Legally changes their name
• Gets a job at a college, university, or vocational school
• Enrolls at a college, university, or vocational school
• Changes online handles (for example, email address or instant messaging identity)

What Are the Penalties for Failing to Register?

Failing to register as a sex offender can result in criminal charges and penalties. The punishments that can be levied depend on the level of charge the person was initially convicted of.

For a misdemeanor unlawful sexual behavior conviction, failing to register is a class 1 misdemeanor and an extraordinary risk crime.

The penalties include:

• 6 to 24 months in jail
• $500 to $5,000 in fines

For a felony unlawful sexual behavior conviction, failing to register is a class 6 felony.

The penalties include:

• 1 year to 18 months in prison
• $1,000 to $100,000 in fines

If the individual does not have a permanent address, they are still required to report to a local law enforcement agency. Not doing so is an offense called failure to identify location. It’s an unclassified misdemeanor punishable by up to 30 days in jail.

Contact the Law Office of Kevin Cahill