Who Instructs Sex Offenders to Register?

Sex offenders receive notice of the duty to register from judges, probation and parole officers, and staff at Department of Human Services, county jails, Department of Corrections, community corrections and law enforcement.

Who is Required to Register as a Sex Offender?

The following persons (adults and juveniles) are required to register as sex offenders if they were:

• Any person who was convicted on or after July 1, 1991, in Colorado for C.R.S. 18-3-411(1) unlawful sexual offense; C.R.S. 18-3-305 enticement of a child; C.R.S. 18-3-306 internet luring of a child; (generally considered to be any sex offense against children).
• Any person who was convicted on or after July 1, 1991, in another state or jurisdiction, including but not limited to, a military or federal jurisdiction, of an offense, if committed in Colorado, would constitute C.R.S. 18-3-411(1) unlawful sexual offense, C.R.S. 18-3-3-5 enticement of a child; C.R.S. 18-3-306 internet luring of a child.
• Any person who was released on or after July 1, 1991, from the Department of Corrections (DOC) of this state or any other state, having served a sentence for 18-3-411(1) unlawful sexual offense; C.R.S. 18-3-305 enticement of a child; C.R.S. 18-3-306 internet luring of a child.
• On or after July 1, 1994, any person convicted of or received a deferred sentence in Colorado or any other state of an offense involving unlawful sexual behavior, and including criminal attempts, conspiracy, or solicitation, (generally considered to by any sex offense or other offense where the underlying factual basis includes sexual behavior.)

Sex offenders must register under all names they have ever used.

Where Must the Sex Offender Register?

A sex offender must register at the law enforcement agency in the jurisdiction where he/she resides. If he/she lives within the corporate limits of a city or town, he/she must register at the police department. If he/she lives outside the limits of a city or town, he/she must register at the county sheriff's department. A sex offender must register in all jurisdictions in which he/she establishes a residence. If a sex offender is not under criminal justice supervision, he/she may live wherever they choose.

When Must the Sex Offender Register?

Sex offenders are required to register, during business hours, with the local law enforcement agency where they live within five (5) business days of becoming a temporary or permanent resident of Colorado, of being released into the community under criminal justice supervision (probation, parole, community corrections), or of establishing an additional residence in CO. If released from DOC with no supervision, a sex offender must register the next business day.

Some sex offenders must re-register annually on their birth date. Any person convicted as an adult of the following offenses must register quarterly (every 90 days) for the remainder of their natural life:

• Sexual assault, in violation of 18-3-402,
• Sexual assault in the first degree, in violation of 18-3-402, as it existed prior to July 1, 2000,
• Sexual assault in the second degree, in violation of 18-3-403, as it existed prior to July 1, 2000,
• Sexual assault on a child, in violation of section 18-3-405, Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3,
• Sexual assault on a client by a psychotherapist, in violation of 18-3-405.5,
• Incest, in violation of 18-6-301,
• Aggravated Incest, in violation of section 18-6-302,
• Anyone found to be a Sexually Violent Predator.

Sex offenders must re-register whenever they legally change their name.

When a Sex Offender Moves

Whenever a sex offender changes his/her address, he/she must cancel registration at the law enforcement agency where he/she is currently registered and must re-register within five (5) business days with the law enforcement agency where he/she moves.

What Information Shall be Released to the Public?

Law enforcement agencies are required to release the following information regarding registered sex offenders:

• name
• address
• aliases of the registrant
• date of birth
• photograph, if requested and readily available
• Unlawful Sexual Behavior conviction(s) resulting in the registrant being required to register

Information concerning victims shall not be released.

Failure to Register

If a sex offender fails to comply with ANY registration requirements, he/she may be charged with the criminal offense of Failure to Register As A Sex Offender, which may be charged as a felony.

Petition to Discontinue Registration

After specified time periods, registered sex offenders, except SVP's & quarterly registrants, may petition the court for an order that discontinues the requirement for registration &/or Internet posting. Registration must continue until the offender seeks a court order to discontinue registration and one is granted. An offender may petition the court after the following time periods, which begin after the offender's final release from the jurisdiction of court, & only if the offender has not subsequently been convicted of a sex offense:

• Felony 1, 2, 3 (if not a quarterly offense) = 20 years
• Felony 4, 5, 6, or Misdemeanor 1 (Unlawful Sexual Contact, or 3rd Degree Sexual Assault, as it existed prior to 7/1/00) = 10 years
• Misdemeanor, not described above = 5 years
• Deferred judgment and sentence/adjudication = After successful completion of sentence and dismissal of case
• Less than 18 years old at adjudication = After successful completion of sentence
• Posted on Internet due to Failure to Register, per 18-3-412.5 (3.6)(a)(IV)(A), & has fully complied with all registration requirements for at least one year.

To locate the form used to petition to discontinue registration go to www.courts.state.co.us.