As used in this article 22, unless the context
otherwise requires:
(1) Adjudicated or adjudication means a determination by the court that it
has been proven beyond a reasonable doubt to the trier of fact that a juvenile has
committed a delinquent act or that a juvenile has pled guilty to committing a
delinquent act. In addition, when a previous conviction must be pled and proven as
an element of an offense or for purposes of sentence enhancement, adjudication
means conviction.
(1.5) Birthday means a person's birthday as reflected on the notice
provided to the person pursuant to section 16-22-106 or 16-22-107 or the person's
actual date of birth if the notice does not reflect the person's birthday.
(2) CBI means the Colorado bureau of investigation established pursuant to
part 4 of article 33.5 of title 24, C.R.S.
(3) Convicted or conviction means having received a verdict of guilty by a
judge or jury, having pleaded guilty or nolo contendere, having received a
disposition as a juvenile, having been adjudicated a juvenile delinquent, or having
received a deferred judgment and sentence or a deferred adjudication.
(3.5) Employed at an institution of postsecondary education means a
person:
(a) Is employed by or is an independent contractor with an institution of
postsecondary education or is employed by or is an independent contractor with an
entity that contracts with an institution of postsecondary education; and
(b) Spends any period of time in furtherance of the employment or
independent contractor relationship on the campus of the postsecondary institution
or at a site that is owned or leased by the postsecondary institution.
(4) Immediate family means a person's spouse, parent, grandparent,
sibling, or child.
(4.2) Juvenile means a person who is under eighteen years of age at the
time of the offense and who has not been criminally convicted in the district court
of unlawful sexual behavior pursuant to section 19-2.5-801 or 19-2.5-802.
(4.3) (a) Lacks a fixed residence means that a person does not have a living
situation that meets the definition of residence pursuant to subsection (5.7) of
this section. Lacks a fixed residence may include, but need not be limited to,
outdoor sleeping locations or any public or private locations not designed as
traditional living accommodations. Lacks a fixed residence may also include
temporary public or private housing or temporary shelter facilities, residential
treatment facilities, or any other residential program or facility if the person
remains at the location for less than fourteen days.
(b) Lacks a fixed residence also includes a person who is registered in any
jurisdiction if the person:
(I) Ceases to reside at an address in that jurisdiction; and
(II) Fails to register:
(A) A change of address in the same jurisdiction; or
(B) In a new jurisdiction pursuant to section 16-22-108 (4); or
(C) Pursuant to section 16-22-108 (3).
(4.5) Local law enforcement agency means the law enforcement agency,
including but not limited to a campus police agency, that has jurisdiction over a
certain geographic area.
(5) Register and registration include initial registration pursuant to
section 16-22-104, and registration, confirmation of registration, and reregistration,
as required in section 16-22-108.
(5.5) Registrant means a person who is required to register in accordance
with this article.
(5.7) Residence means a place or dwelling that is used, intended to be
used, or usually used for habitation by a person who is required to register pursuant
to section 16-22-103. Residence may include, but need not be limited to, a
temporary shelter or institution, if the person resides at the temporary shelter or
institution for fourteen consecutive days or longer, if the owner of the shelter or
institution consents to the person utilizing the shelter or institution as his or her
registered address as required by section 16-22-106 (4) or 16-22-107 (4)(a), and if
the residence of the person at the shelter or institution can be verified as required
by section 16-22-109 (3.5). A person may establish multiple residences by residing
in more than one place or dwelling.
(5.8) Resides includes residence and lacks a fixed residence.
(6) Sex offender registry means the Colorado sex offender registry
created and maintained by the CBI pursuant to section 16-22-110.
(7) Sexually violent predator means a person who is found to be a sexually
violent predator pursuant to section 18-3-414.5, C.R.S.
(8) Temporary resident means a person who is a resident of another state
but in Colorado temporarily because the person is:
(a) Employed in this state on a full-time or part-time basis, with or without
compensation, for more than fourteen consecutive business days or for an
aggregate period of more than thirty days in any calendar year; or
(b) Enrolled in any type of educational institution in this state on a full-time
or part-time basis; or
(c) Present in Colorado for more than fourteen consecutive business days or
for an aggregate period of more than thirty days in a calendar year for any purpose,
including but not limited to vacation, travel, or retirement.
(9) Unlawful sexual behavior means any of the following offenses or
criminal attempt, conspiracy, or solicitation to commit any of the following
offenses:
(a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S.,
as it existed prior to July 1, 2000;
(b) Sexual assault in the second degree, in violation of section 18-3-403,
C.R.S., as it existed prior to July 1, 2000;
(c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S.,
as it existed prior to July 1, 2000;
(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(e) Sexual assault on a child by one in a position of trust, in violation of
section 18-3-405.3, C.R.S.;
(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;
(h) Incest, in violation of section 18-6-301, C.R.S.;
(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(j) Human trafficking of a minor for sexual servitude, as described in section
18-3-504 (2), C.R.S.;
(j.5) Human trafficking for sexual servitude, as described in section 18-3-504
(1);
(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;
(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;
(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;
(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;
(q) Keeping a place of child prostitution, in violation of section 18-7-404,
C.R.S.;
(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;
(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;
(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
(u) Engaging in sexual conduct in a correctional institution, in violation of
section 18-7-701, C.R.S.;
(v) Wholesale promotion of obscenity to a minor, in violation of section 18-7-102 (1.5), C.R.S.;
(w) Promotion of obscenity to a minor, in violation of section 18-7-102 (2.5),
C.R.S.;
(x) Class 4 felony internet luring of a child, in violation of section 18-3-306
(3), C.R.S.;
(y) Internet sexual exploitation of a child, in violation of section 18-3-405.4,
C.R.S.;
(z) Public indecency, committed in violation of section 18-7-301 (2)(b), C.R.S.,
if a second offense is committed within five years of the previous offense or a third
or subsequent offense is committed;
(aa) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6;
(bb) Second degree kidnapping, if committed in violation of section 18-3-302
(3)(a);
(cc) Unlawful electronic sexual communication, in violation of section 18-3-418; or
(dd) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.