§ 16-22-105 — Notice - requirements - residence - presumption

Colorado § 16-22-105

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Colorado Sex Offender Registration Act

Text

(1) Any person
who is required to register pursuant to section 16-22-103 shall receive notice of the
duty to register as provided in section 16-22-106 or 16-22-107, whichever is
applicable. Such notice shall inform the person of the duty to register, in the
manner provided in section 16-22-108, with the local law enforcement agency of
each jurisdiction in which the person resides. The notice shall inform the person
that he or she has a duty to register with local law enforcement agencies in any
state or other jurisdiction to which the person may move and that the CBI shall
notify the agency responsible for registration in the new state as provided in
section 16-22-108 (4). The notice shall also inform the person that, at the time the
person registers, he or she must provide his or her date of birth, a current
photograph, and a complete set of fingerprints.

(2) Failure of any person to sign the notice of duty to register, as required in
sections 16-22-106 and 16-22-107, shall not constitute a defense to the offense of
failure to register as a sex offender if there is evidence that the person had actual
notice of the duty to register.

(3) For purposes of this article, any person who is required to register
pursuant to section 16-22-103 shall register in all jurisdictions in which he or she
establishes a residence. A person establishes a residence through an intent to make
any place or dwelling his or her residence. The prosecution may prove intent to
establish residence by reference to hotel or motel receipts or a lease of real
property, ownership of real property, proof the person accepted responsibility for
utility bills, proof the person established a mailing address, or any other action
demonstrating such intent. Notwithstanding the existence of any other evidence of
intent, occupying or inhabiting any dwelling for more than fourteen days in any
thirty-day period shall constitute the establishment of residence.

Legislative History

Source: L. 2002: Entire article added, p. 1163, � 1, effective July 1. L. 2004: (3) amended, p. 1110, � 4, effective May 27.