Registration 16-22-106, 16-22-108
Sex offender registration is a big part of sex offender probation. You must not only register as a sex offender initially but every year after that on your birthday until the court tells you not to. Now, sex offender registration is also required even if you finish probation. Probation is NOT the department that tells you when to stop registering, the court is. Too often will people stop registering because they complete probation. However, because they did not get the okay from the judge or the court, this usually leads to the charge of failure to register and lands you right back in the court system. It is very important to pay attention to the process of being on and off probation, it could mean the difference between completing probation successfully and failing probation and having to deal with a new charge, sentence, and even extended sex offender registration and probation.
Sex offender registration is required with in 5 business days of being notified to register. You must register with local law enforcement. If you move you must register with that law enforcement agency as well. You must also fill out an address change with the previous law enforcement agency. Failure to do any of these things will result in the charge of failure to register.
Crimes that required sex offender registration, include any person who is convicted of:
- Any unlawful sexual offense,
- Enticement of a child,
- Sexual assault,
- Sexual assault when the child is less than fifteen years of age,
- Sexual assault in the first degree,
- Sexual assault in the first degree when the child is less than fifteen years of age,
- Sexual assault in the second degree,
- Unlawful sexual contact if the victim is less than fifteen years of age,
- Sexual assault in the third degree,
- Sexual assault in the third degree when the child is less than fifteen years of age,
- Sexual assault on a child,
- Sexual assault on a child by one in a position of trust,
- Aggravated incest,
- Trafficking in children,
- Sexual exploitation of a child,
- Procurement of a child for sexual exploitation,
- Indecent exposure,
- Soliciting for child prostitution,
- Pandering of a child,
- Procurement of a child,
- Keeping a place of child prostitution,
- Pimping of a child,
- Inducement of a child prostitution,
- Patronizing a prostituted child,
- Class 4 felony internet luring of a child,
- Internet exploitation of a child,
- Criminal attempt, conspiracy, or solicitation to commit any of these acts.
Even if you were convicted in a different state of any of the above charges, Colorado requires that you register at your Colorado residence as a sex offender. Even if the judge in the original state where the crime was committed says that you don’t have to anymore, the State of Colorado requires that you do.
Any person who was release from the department of corrections for any of the above charges must also register. Even if you are not on probation but parole, you will be required to register.
You are also required to register if the underlying factual basis of your charge is sexual in nature. Meaning, that even if you plead guilty to something that is not considered unlawful sexual behavior, but the underlying facts of the case are sexual in nature, then you will be required to register as a sex offender.
De-registration 16-22-113
In order to de-register, you must file a petition with the COURT, not probation. The COURT will determine when you are eligible to deregister after a certain amount of time from the time you are discharged from the department of corrections. No one other than the court in the jurisdiction that the crime was committed in can allow you to deregister.
If you were convicted of class 1,2, or 3 felonies, then you must wait a period of twenty years from the day you are released from the department of corrections, incarceration, discharge from the department of human services or final release from the jurisdiction of the court. You will not be allowed to deregister if you are convicted of any other unlawful sexual behavior violations within these twenty years.
If you were convicted of class 4,5, or 6 felonies or a class 1 misdemeanor of unlawful sexual behavior, then you must wait a period of ten years from the day you were released from the department of corrections, incarceration, discharged from human service or final release from the jurisdiction of the court. You will not be allowed to deregister if you are convicted of a subsequent charge of unlawful sexual behavior.
If you were convicted of a class 1 misdemeanor of unlawful sexual contact, or sexual assault in the third degree, then you must wait for a period of five years from the day you were released from the department of corrections, incarceration, discharged from human service or final release from the jurisdiction of the court. You will not be allowed to deregister if you are convicted of a subsequent charge of unlawful sexual behavior.
The following people will not be eligible for relief, but will be required to adhere to the registration requirements for the rest of their natural lives.
- Any person who is deemed a sexually violent predator,
- Any person who is convicted as an adult of;Sexual assault in the first degree,
- Sexual assault in the second degree,
- Sexual assault on a child,
- Sexual assault on a child by one in a position of trust,
- Sexual assault on a client by a psychotherapist,
- Incest,
- Aggravated incest,
- Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.
Registration as an adult sex offender has great implications on a person’s life. The rules and regulations are also very difficult for some people to understand and follow. It is very important that if you are facing this kind of supervision to talk to an attorney about it. Make sure you understand every aspect of your plea or sentence and make sure you are taking the necessary steps to prevent future violations of the law.
This is not legal advice. Everyone’s case is different and should be treated as such. Contact an attorney to get your unique situation assessed.
Look at these other blogs for more information on this topic.
Sex Offender Intensive Supervision Probation
Sex Offender Sentencing and Treatment
Registering as a Sex Offender in Colorado: What you need to know
By Shannon Lynch