§ 18-3-412.5 — Failure to register as a sex offender

Colorado § 18-3-412.5

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against the Person

Text

(1) A person who is
required to register pursuant to article 22 of title 16 and who fails to comply with
any of the requirements placed on registrants by said article 22, including but not
limited to committing any of the acts specified in this subsection (1), commits the
offense of failure to register as a sex offender:

(a) Failure to register pursuant to article 22 of title 16, C.R.S.;

(b) Submission of a registration form containing false information or
submission of an incomplete registration form;

(c) Failure to provide information or knowingly providing false information to
a probation department employee, to a community corrections administrator or his
or her designee, or to a judge or magistrate when receiving notice pursuant to
section 16-22-106 (1), (2), or (3), C.R.S., of the duty to register;

(d) If the person has been sentenced to a county jail, otherwise incarcerated,
or committed, due to conviction of or disposition or adjudication for an offense
specified in section 16-22-103, C.R.S., failure to provide notice of the address where
the person intends to reside upon release as required in sections 16-22-106 and 16-22-107, C.R.S.;

(e) Knowingly providing false information to a sheriff or his or her designee,
department of corrections personnel, or department of human services personnel
concerning the address where the person intends to reside upon release from the
county jail, the department of corrections, or the department of human services.
Providing false information shall include, but is not limited to, providing false
information as described in section 16-22-107 (4)(b), C.R.S.

(f) Failure when registering to provide the person's current name and any
former names;

(g) Failure to register with the local law enforcement agency in each
jurisdiction in which the person resides upon changing an address, establishing an
additional residence, or legally changing names;

(h) Failure to provide the person's correct date of birth, to sit for or otherwise
provide a current photograph or image, to provide a current set of fingerprints, or to
provide the person's correct address;

(i) Failure to complete a cancellation of registration form and file the form
with the local law enforcement agency of the jurisdiction in which the person will no
longer reside pursuant to section 16-22-108 (4)(a)(II);

(j) When the person's place of residence is a trailer or motor home, failure to
register an address at which the trailer or motor home is lawfully located pursuant
to section 16-22-109 (1)(a.3), C.R.S.;

(k) Failure to register an email address, instant-messaging identity, or chat
room identity prior to using the address or identity if the person is required to
register that information pursuant to section 16-22-108 (2.5), C.R.S.

(1.5) (a) In a prosecution for a violation of this section, it is an affirmative
defense that:

(I) Uncontrollable circumstances prevented the person from complying;

(II) The person did not contribute to the creation of the circumstances in
reckless disregard of the requirement to comply; and

(III) The person complied as soon as the circumstances ceased to exist.

(b) In order to assert the affirmative defense pursuant to this subsection
(1.5), the defendant shall provide notice to the prosecuting attorney as soon as
practicable, but not later than thirty-five days prior to trial, of his or her notice of
intent to rely upon the affirmative defense. The notice shall include a description of
the uncontrollable circumstance or circumstances and the dates the uncontrollable
circumstances began and ceased to exist in addition to the names and addresses of
any witnesses the defendant plans to call to support the affirmative defense. The
prosecuting attorney shall advise the defendant of the names and addresses of any
additional witnesses who may be called to refute such affirmative defense as soon
as practicable after their names become known. Upon the request of the
prosecution, the court shall first rule as a matter of law whether the claimed facts
and circumstances would, if established, constitute sufficient evidence to support
submission to the jury.

(2) (a) Failure to register as a sex offender is a class 6 felony if the person
was convicted of felony unlawful sexual behavior, or of another offense, the
underlying factual basis of which includes felony unlawful sexual behavior, or if the
person received a disposition or was adjudicated for an offense that would
constitute felony unlawful sexual behavior if committed by an adult, or for another
offense, the underlying factual basis of which involves felony unlawful sexual
behavior; except that any second or subsequent offense of failure to register as a
sex offender by such person is a class 5 felony.

(b) Any person convicted of felony failure to register as a sex offender shall
be sentenced pursuant to the provisions of section 18-1.3-401. If such person is
sentenced to probation, the court may require, as a condition of probation, that the
person participate until further order of the court in an intensive supervision
probation program established pursuant to section 18-1.3-1007. If such person is
sentenced to incarceration and subsequently released on parole, the parole board
may require, as a condition of parole, that the person participate in an intensive
supervision parole program established pursuant to section 18-1.3-1005.

(c) A person who is convicted of a felony sex offense in another state or
jurisdiction, including but not limited to a military or federal jurisdiction, and who
commits failure to register as a sex offender in this state commits felony failure to
register as a sex offender as specified in paragraph (a) of this subsection (2) and
shall be sentenced as provided in paragraph (b) of this subsection (2).

(3) (a) Failure to register as a sex offender is a class 1 misdemeanor if the
person was convicted of misdemeanor unlawful sexual behavior, or of another
offense, the underlying factual basis of which involves misdemeanor unlawful
sexual behavior, or if the person received a disposition or was adjudicated for an
offense that would constitute misdemeanor unlawful sexual behavior if committed
by an adult, or for another offense, the underlying factual basis of which involves
misdemeanor unlawful sexual behavior.

(b) A person who is convicted of a misdemeanor sex offense in another state
or jurisdiction, including but not limited to a military or federal jurisdiction, and who
commits failure to register as a sex offender in this state commits misdemeanor
failure to register as a sex offender as specified in paragraph (a) of this subsection
(3).

(4) (a) Any juvenile who receives a disposition or is adjudicated for a
delinquent act of failure to register as a sex offender that would constitute a felony
if committed by an adult shall be sentenced to a forty-five-day mandatory minimum
detention sentence; except that any juvenile who receives a disposition or is
adjudicated for a second or subsequent delinquent act of failure to register as a sex
offender that would constitute a felony if committed by an adult shall be placed or
committed out of the home for not less than one year.

(b) Any juvenile who receives a disposition or is adjudicated for a delinquent
act of failure to register as a sex offender that would constitute a misdemeanor if
committed by an adult shall be sentenced to a thirty-day mandatory minimum
detention sentence; except that any juvenile who receives a disposition or is
adjudicated for a second or subsequent delinquent act of failure to register as a sex
offender that would constitute a misdemeanor if committed by an adult shall be
sentenced to a forty-five-day mandatory minimum detention sentence.

(5) For purposes of this section, unless the context otherwise requires,
unlawful sexual behavior has the same meaning as set forth in section 16-22-102
(9), C.R.S.

(6) (a) When a peace officer determines that there is probable cause to
believe that a crime of failure to register as a sex offender has been committed by a
person required to register as a sexually violent predator in this state pursuant to
article 22 of title 16, C.R.S., or in any other state, the officer shall arrest the person
suspected of the crime. It shall be a condition of any bond posted by such person
that the person shall register pursuant to the provisions of section 16-22-108,
C.R.S., within seven days after release from incarceration.

(b) When a peace officer makes a warrantless arrest pursuant to this
subsection (6), the peace officer shall immediately notify the Colorado bureau of
investigation of the arrest. Upon receiving the notification, the Colorado bureau of
investigation shall notify the jurisdiction where the sexually violent predator last
registered. The jurisdiction where the sexually violent predator last registered, if it
is not the jurisdiction where the probable cause arrest is made, shall coordinate
with the arresting jurisdiction immediately to determine the appropriate jurisdiction
that will file the charge. If the sexually violent predator is being held in custody
after the arrest, the appropriate jurisdiction shall have no less than seven days after
the date of the arrest to charge the sexually violent predator.

Legislative History

Source: L. 91: Entire section added, p. 393, � 1, effective April 17. L. 94: Entire section R&RE, p. 1736, � 1, effective July 1. L. 95: (6) amended and (6.5) and (9) added, p. 1309, � 1, effective June 5; (3) and (4) amended, p. 468, � 16, effective July 1. L. 96: (1), (2), (4), and (6) amended and (6.7) added, p. 1581, � 5, effective July 1; (8) amended, p. 1691, � 25, effective January 1, 1997. L. 97: IP(6.7) amended, p. 173, � 1, effective March 31; (1)(f) amended, p. 1547, � 19, effective July 1; (2) and (6.7)(c) amended and (6.7)(e) added, pp. 1553, 1554, �� 6, 7, effective July 1; (3.5) added and IP(7) and (8) amended, p. 1563, � 9, effective July 1. L. 98: Entire section amended, p. 389, � 1, effective April 21. L. 99: (1)(a)(II), IP(1)(b), (1)(b)(XXI) to (1)(b)(XXIII), (1)(c), (2)(a), (2)(c), (3)(d), (6)(b), (6.5)(b), (6.5)(c), (7)(a)(II), and (7)(a)(III) amended and (1)(d), (4)(a)(III.5), and (6)(b.5) added, pp. 1144, 1146, 1150, 1156, 1155, 1151, �� 2, 6, 13, 20, 19, 14, 21, effective July 1; IP(4)(a) amended, p. 799, � 19, effective July 1. L. 2000: (2)(a)(I) and (6)(b) amended and (3)(e), (3.5)(e), (3.5)(f), and (4)(a)(VI) added, pp. 718, 719, �� 2, 5, 3, 1, 4, effective May 23; IP(1)(b), (1)(d), (2)(a)(I), (3)(a), (3)(d), (3.5)(a), (6)(c), (6.5)(d), and IP(7)(a) amended and (1)(b)(XXIV), (3.7), (4)(a)(VII), (5)(c), (6)(e), (6.5)(e), and (7)(c) added, pp. 915, 919, 920, 918, �� 1, 5, 6, 8, 2, 3, 4, effective July 1; (1)(b)(I), (1)(b)(II), (1)(b)(III), (7)(a)(II), and (7)(a)(III) amended, p. 705, � 30, effective July 1; (8.5) added, p. 432, � 2, effective July 1; (6.5)(b) amended, p. 250, � 3, effective August 2. L. 2001: (4)(b) and (4)(c) amended, p. 567, � 2, effective May 29; (3)(a)(I.5) and (3.9) added and (7)(c) amended, pp. 656, 658, �� 1, 8, 2, effective May 30; (2)(a)(I), (2)(a)(II), (3)(e), (3.5)(e), (3.5)(f), (6)(b), (6.5)(c), (6.5)(d), IP(7)(a), (7)(a)(I), (7)(a)(II), and (7)(a)(III) amended and (3.6) and (7)(a)(VI) added, pp. 962, 960, 961, �� 3, 1, 2, effective June 5. L. 2002: Entire section R&RE, p. 1178, � 2, effective July 1; (2)(b) amended, p. 1567, � 393, effective October 1. L. 2004: (2)(c) and (5) added and (3) amended, p. 1119, �� 17, 18, effective May 27; (3) amended, p. 635, � 7, effective August 4. L. 2006: (6) added, p. 1313, � 7, effective May 30. L. 2007: IP(1) amended and (1)(j) added, p. 211, � 4, effective March 26; (1)(k) added, p. 1682, � 4, effective July 1. L. 2011: (1.5) added and (2)(b) amended, (HB 11-1278), ch. 224, p. 965, � 10, effective May 27. L. 2012: (1.5)(b) and (6) amended, (SB 12-175), ch. 208, p. 872, � 128, effective July 1. L. 2018: IP(1) and (1)(i) amended, (HB 18-1356), ch. 255, p. 1559, � 2, effective August 8. L. 2022: (3)(a) amended, (HB 22-1229), ch. 68, p. 344, � 22, effective March 1.