Colorado § 18-3-412.6 Failure to verify location as a sex offender

Colorado Statutes

§ 18-3-412.6 — Failure to verify location as a sex offender

Colorado § 18-3-412.6

Title 18Criminal

Art.Offenses Against the Person

This text of Colorado § 18-3-412.6 (Failure to verify location as a sex offender) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 18-3-412.6 (2026).

Text

(1)A person who is required to register pursuant to article 22 of title 16, C.R.S., and who lacks a fixed residence, as defined in that article, and who fails to comply with the provisions of section 16-22-109 (3.5)(c)(I) or 16-22-109 (3.5)(c)(II), C.R.S., commits the offense of failure to verify location as a sex offender.

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

(I)Uncontrollable circumstances prevented the person from complying; and

(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 (2), the defendant

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(1) A person who is
required to register pursuant to article 22 of title 16, C.R.S., and who lacks a fixed
residence, as defined in that article, and who fails to comply with the provisions of
section 16-22-109 (3.5)(c)(I) or 16-22-109 (3.5)(c)(II), C.R.S., commits the offense of
failure to verify location as a sex offender.

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

(I) Uncontrollable circumstances prevented the person from complying; and

(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 (2),
the defendant shall provide notice to the prosecuting attorney as soon as
practicable, but not later than thirty 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 that 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 the
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.

(3) Failure to verify location as a sex offender is a class 2 misdemeanor.

(4) Failure to verify location as a sex offender is not a sexual offense subject
to the provisions of sections 16-11.7-104 and 16-11.7-105, C.R.S., and,
notwithstanding any other provision of law to the contrary, offenders convicted of a
violation of this section are not eligible for probation pursuant to part 2 of article 1.3
of this title.

Legislative History

Source: L. 2012: Entire section added, (HB 12-1346), ch. 220, p. 945, � 6, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3174, � 199, effective March 1, 2022.