Sex Offender Registration

Denver Sex Offender Registration Attorney

Colorado requires convicted sex offenders to register quarterly or yearly depending on their specific crime. Anyone convicted on or after July 1, 1991, in Colorado or in any other state or federal jurisdiction (when constituting the same crime in Colorado) for C.R.S. 18-3-411(1) unlawful sexual offense; C.R.S. 18-3-305 enticement of a child; C.R.S. 18-3-306 internet luring of a child; (generally considered to be any sex offense against children), MUST REGISTER. This includes anyone who was released on or after July 1, 1991, from the Department of Corrections (in Colorado or any other state), and any person who received a deferred sentence in Colorado or any other state. Failure to register as a sex offender is a separate crime.

Where Must The Sex Offender Register?

Sex offenders must register at the Colorado law enforcement agency in the jurisdiction where they reside. If the sex offender lives within the corporate limits of a Colorado city or town, registration must be done at the police department. If the offender lives outside the limits of a city or town, he/she must register at the county sheriff’s department. A sex offender must register in all jurisdictions in which he/she establishes a residence. If a sex offender is not under criminal justice supervision, he/she may live wherever he/she chooses. However, if the offender is under supervision, there may be many restrictions, including distance from schools, playgrounds, and homes where minor children reside.

When Must The Sex Offender Register?

Sex offenders are required to register, during business hours, with the local law enforcement agency where they live within five business days of becoming a temporary or permanent resident of Colorado, of being released into the community under criminal justice supervision (probation, parole, community corrections), or of establishing an additional residence in Colorado. If released from DOC with no supervision, a sex offender must register the next business day.

Sex offenders must re-register annually on their birth date unless they fall into any one of the following categories, in which case they must register quarterly (every 90 days) for the remainder of their natural life:

• Sexual assault, in violation of 18-3-402
• Sexual assault in the first degree, in violation of 18-3-402, as it existed prior to July 1, 2000
• Sexual assault in the second degree, in violation of 18-3-403, as it existed prior to July 1, 2000
• Sexual assault on a child, in violation of section 18-3-405
• Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3
• Sexual assault on a client by a psychotherapist, in violation of 18-3-405.5
• Incest, in violation of 18-6-301
• Aggravated Incest, in violation of section 18-6-302
• Anyone found to be a sexually violent predator

Sex offenders must reregister whenever they legally change their name.

When A Sex Offender Moves

Whenever sex offenders change their address, they must cancel the registration at the law enforcement agency where they are currently registered and must reregister within five business days with the law enforcement agency where they move.

What Information Shall Be Provided By The Registrant?

• Name
• Address
• Aliases
• Automobile registration information including VIN
• e-mail addresses
• Chat room names
• Instant messaging names

What Information Shall Be Released To The Public?

Colorado law enforcement agencies are required to release the following information regarding registered sex offenders:

• Name
• Address
• Aliases of the registrant
• Date of birth
• Photograph, if requested and readily available
• Unlawful Sexual Behavior conviction(s) resulting in the registrant being required to register

Information concerning victims shall not be released.

Fees For Sex Offender Registration

Section 16-22-108(7) gives local Colorado law enforcement authority to charge a fee that reflects the actual direct costs incurred to register sex offenders. Each law enforcement agency has a different fee schedule. The following are examples of the fees charged in December 2009, by local Colorado law enforcement agencies to register sex offenders:

Adams County, Colorado — No Fee Arapahoe County, Colorado Yearly Registrants – $75 Qtly Reg, $75 on birthday, and $25 on-off quarters City of Arvada, Colorado — First time $50 Re-register $25 City of Aurora, Colorado — First time $140 Re-register $40 City of Boulder, Colorado — No Fee Boulder County, Colorado — No Fee Broomfield County, Colorado — No Fee Denver City/County, Colorado — Yr Reg $75 Qtly Reg $30 Douglas County, Colorado — Yr Reg $25; Qtly Reg $25 on birthday and $5 on-off quarters City of Englewood, Colorado — First time and annually $25 – No additional charge for quarterly Jefferson County, Colorado — First time $50; Re-register $25 City of Lakewood, Colorado — $20 each time registration is required City of Littleton, Colorado — First time $75 – Subsequent registrations are $25 Weld County, Colorado — No Charge — Fee will be required soon Wheat Ridge — $25

Failure To Register As A Sex Offender

If a sex offender fails to comply with ANY registration requirements (including incomplete or false information), he/she may be charged with the criminal offense of failure to register as a sex offender. Depending on the original offense, failure to register can be an additional felony charge with harsh sentencing consequences.

Petition To Discontinue Registration As A Sex Offender

After specified time periods, registered sex offenders, except those classified as sexually violent predators, and quarterly registrants, may petition the court for an order that discontinues the requirement for registration and/or Internet posting. See our page on sex offender deregistration. Registration must continue until the offender seeks a court order to discontinue registration and one is granted. An offender may petition the court after the following time periods, which begin after the offender’s final release from the jurisdiction of the court, and only if the offender has not subsequently been convicted of a sex offense:

• Felony 1, 2, 3 (if not a quarterly offense) = 20 years
• Felony 4, 5, 6, or Misdemeanor 1 (unlawful sexual contact, or third-degree sexual assault, as it existed prior to 7/1/00) = 10 years
• Misdemeanor, not described above = five years
• Deferred judgment and sentence/adjudication = After successful completion of sentence and dismissal of the case
• Less than 18 years old at adjudication = After successful completion of sentence
• Posted on the Internet due to Failure to Register, per 18-3-412.5 (3.6)(a)(IV)(A), and has fully complied with all registration requirements for at least one year

Important Reminder for Sex Offenders

Registration requirements frequently change and the information listed above may not be accurate for your circumstances. There are many additional qualifications that might affect your specific registration requirements.

Do not rely on this overview of Colorado law, since it frequently changes and is incomplete without the involvement of a Colorado criminal lawyer at Sawyer Legal Group, LLC. Failure to properly register may result in your arrest and incarceration. So, if you have questions, be smart, exercise your right to remain silent, and call an experienced Colorado criminal defense attorney today at 303-731-0719. Together, we can protect your future.