Failure to Register as a Sex Offender – The Law in Colorado – C.R.S. § 18-3-412.5

Colorado Revised Statute § 18-3-412.5 C.R.S. makes it a crime to fail to register as a sex offender. Felony sex offenders who do not register face a felony charge, while misdemeanor sex offenders who do not register face a misdemeanor charge.

When you are convicted of certain sex offenses, Colorado law requires you to register in person with your local law enforcement agency within five working days of being released from custody. (Though if you are being released without probation or parole, you must register by the next business day.)

When registering as a sex offender in Colorado, you will need to provide your:

• name (current and any former),
• birthday,
• residential address(es),
• employment information if your job is at a school,
• current head shot,
• fingerprints,
• e-mail addresses, and
• online identities (usernames).

Depending on your case, the public can access your information through the Colorado Bureau of Investigation (CBI)’s statewide database of sex offenders or via community notifications. You also must regularly re-register as a sex offender, and the frequency hinges on your status:

• SVP (sexually violent predator):  Every 90 days (though if you have no permanent residence, then every 30 days).
• Non-SVP:  Every year (though if you have no permanent residence, then every 90 days).
• Whenever you move permanent residences:  Within 5 business days of moving.¹

In this article, our Denver criminal defense attorneys will discuss the following key issues regarding failing to register as a sex offender in Colorado:

• 1. Penalties
• 2. Defenses
• 3. Forgetting To Register
• 4. Moving To Colorado
• 5. Moving From Colorado
• 6. Early Removal
• 7. Registrable Sex Crimes
• Frequently Asked Questions
• Additional Resources

1. Penalties

The C.R.S. 18-3-412.5 penalties for failing to register as a sex offender turn on your underlying sex offense. The more serious the sex crime, the more serious the penalties for failure to register, as discussed below.

Misdemeanor Failure to Register

In Colorado, failure to register as a sex offender is an extraordinary risk class 1 misdemeanor if you were convicted of a misdemeanor sex offense or its equivalent in another jurisdiction or juvenile court. The punishment carries:

• Up to 18 months in jail and/or
• A fine of up to $1,000.²

Felony Failure to Register

Failure to register as a Colorado sex offender is a class 6 felony if the underlying conviction was for a felony. The sentence is:

• 1 to 1.5 years in prison and/or
• A fine of $1,000 to $100,000.

However, a second or subsequent failure to register is a class 5 felony, carrying:

• 1 to 3 years in prison and/or
• A fine of $1,000 to $100,000.³

Juvenile Failure to Register

Juveniles under the age of 18 are punished differently under Colorado sex offender registration laws unless they were tried and convicted as an adult. If a minor fails to register as required following their adjudication, they face a mandatory minimum juvenile detention:

• Failure to register for a misdemeanor-level offense:  30 days.
• First-time failure to register for a felony-level offense:  45 days.
• Subsequent failure to register for a felony-level offense:  1 year.⁴

Failure to Verify a Location

Failure to verify your location as a sex offender when you have no permanent residence is an unclassified misdemeanor in Colorado.

A first or second offense can be punished by a sentence of up to 30 days in county jail. A third or subsequent violation is punishable by up to one year in county jail.⁵

2. Defenses

Here at Colorado Legal Defense Group, we have represented countless people charged with failing to register as a sex offender. In our experience, your C.R.S. 18-3-412.5 charge can be dismissed if we can show the prosecutors that:

1. Uncontrollable or emergency circumstances prevented you from complying; and
2. You did not contribute to these uncontrollable circumstances in reckless disregard of your requirement to register; and
3. You registered as soon as the circumstances ceased to exist.⁶

For instance, if the reason you did not register was that you were comatose in the hospital after being rear-ended by another driver, you should not be convicted of failure to register.

Another potential defense would be proving that you did, in fact, comply, but the government made a clerical error or otherwise failed to record your compliance.

As discussed in the following section, simply “forgetting” to register can also be a defense to C.R.S. 18-3-412.5 charges in certain cases.

3. Forgetting To Register

The Colorado Court of Appeals, Division Two, said that prosecutors have to prove beyond a reasonable doubt that you knowingly failed to register for you to be convicted of failing to register. This means forgetting to register could be a defense to C.R.S. 18-3-412.5 charges since forgetting is the absence of “knowing.” ⁷

However, prosecutors may not believe that you innocently forgot. They may try to build a case showing that you intentionally did not register.

Therefore, simply claiming “I forgot” will probably not cause the D.A. to drop charges, at least not immediately.

4. Moving To Colorado

If you are a sex offender registrant from another state and then move to Colorado, you must register with the local police within five business days of the move. You should also notify your home state about the move.⁸

We often see clients get charged because of the five-day rule when moving. They mistakenly think they have 30 days like a standard driver’s license update.

Note that we always advise clients to complete registration within three business days of moving, which is the deadline under the stricter federal SORNA regulations. By sticking to a three-day deadline, you ensure you are not flagged by federal authorities while transitioning between jurisdictions.

5. Moving From Colorado

If you are a sex offender registrant in Colorado and intend to move out of state, you must comply with the new state’s registration laws. You also need to notify law enforcement in Colorado that you are moving out of state.⁹

6. Early Removal

There is no early removal from the Colorado sex offender registry. However, you can petition to get off the registry after you registered for the minimum required number of years (and picked up no new sex offenses):

• Most misdemeanor sex offenses require five years of registration unless the crime was for a class 1 misdemeanor of sexual assault or unlawful sexual contact.
• Most class 4, 5, and 6 felony sex offenses require 10 years of registration.
• Many class 1, 2 and 3 felony sex offenses require 20 years of registration.

However, the following sex crime convictions require lifetime registration: Felony sexual assault, sexual assault on a child, incest, aggravated incest, and having two or more sex crime convictions. Also, sexually violent predators (SVPs) must register for life as well.

Petitioning for Removal

In order to get off of Colorado’s sex offender registry once you have registered for the minimum years required, you need to complete the following forms (using your original case number) and file them with the court that sentenced you.

• JDF 461 – Petition to Discontinue Sex Offender Registration,
• JDF 462 – Notice of Hearing on Petition,
• JDF 463 – Order to Discontinue Sex Offender Registration (complete only the caption), and
• JDF 479 – Certificate of Mailing.

Afterwards, you need to lawfully serve the petition on the prosecuting attorney via certified mail. Then you must file the certificate of mailing prior to the hearing that the court has scheduled for your case.

As long as there are no disqualifying factors, the judge at your hearing will likely approve your petition. You would then provide the signed judicial order to the police as well as the CBI, which will then remove you from the sex registry.

Note it costs nothing to file these documents in court. You just need to cover the costs of serving the D.A. and postage. The process is complicated, though, so you are advised to hire an attorney to manage it for you.¹⁰

7. Registrable Sex Crimes

Just some of the Colorado sex crimes that require you to register as a sex offender include the following common offenses:

• Enticement of a child (C.R.S. 18-3-305) – luring a child under 15 into a vehicle, building, room, or secluded place to commit sexual assault or unlawful sexual contact on them.
• Indecent exposure (C.R.S. 18-7-302) – exposing your genitals to or masturbating in front of another person, and the circumstances of your conduct are likely to alarm them.
• Internet luring of a child (C.R.S. 18-3-306) – electronically communicating sexual content to someone you believe to be under 15 and trying to meet up with that child.
• Pandering a child (C.R.S. 18-7-203) – taking money to arrange for someone to hire a child prostitute.
• Pimping a child (C.R.S. 18-7-206) – knowingly living on a child prostitute’s earnings.
• Sexual assault / rape (C.R.S. 18-3-402) – non-consensual penetrative sex.
• Sexual assault of a child by one in a position of trust (C.R.S. 18-3-405.3) – sexual touching of a child by a caregiver, medical provider, teacher, or other person with supervisory authority of the child.
• Sexual exploitation of a child (C.R.S. 18-6-403) – possessing, producing, or distributing child pornography (“child sexual abuse material” or CSAM).
• Solicitation of a child prostitute (C.R.S. 18-7-202) – arranging a meeting for the purpose of trading sex acts for money.
• Unlawful sexual contact (C.R.S. 18-3-404) – non-consensual sexual touching such as groping or fondling.

Frequently Asked Questions

How long do I have to register as a sex offender after being released from jail or prison?

You must register with your local law enforcement agency within five business days of being released from custody. You will need to provide information like your name, address, birthday, photo, fingerprints, and e-mail addresses.

What happens if I forget to register as a sex offender in Colorado?

Forgetting to register may be a defense since prosecutors must prove you “knowingly” failed to register. However, simply claiming you forgot will not automatically get charges dropped. The court will examine whether you truly forgot or intentionally avoided registering.

Can I ever get off the Colorado sex offender registry?

Yes, but there is no early removal. You can petition to be removed after registering for the minimum required time (five years for most misdemeanors, 10 to 20 years for felonies). However, some serious crimes like felony sexual assault require lifetime registration with no removal option.

What are the penalties if I fail to register as a sex offender?

Penalties depend on your original conviction. If you were convicted of a misdemeanor sex offense, failing to register is a class 1 misdemeanor (up to 18 months in jail). If you were convicted of a felony sex offense, failing to register is a class 6 felony (one to 1.5 years in prison), or a class 5 felony for repeat failures.

What if I am moving out of Colorado?

You cannot simply leave. Under Colorado law and the federal Adam Walsh Act, you must notify the local law enforcement agency where you are currently registered before you move.

Once you arrive in your new state, you generally have only three business days to register with the new jurisdiction. Failing to notify your Colorado agency before you leave can result in a warrant for “failure to register,” even if you are living legally in another state.

Do I have to register if I am homeless or have no fixed address?

Yes. Colorado law (C.R.S. 18-3-412.6) has strict requirements for those who “lack a fixed residence.” If you do not have a permanent home, you must:

• Register with the local sheriff or police department in the jurisdiction where you are staying and
• Verify your location every 30 days (compared to the annual requirement for most others).

Failing to verify your location while homeless is an unclassified misdemeanor that can lead to immediate jail time.

Does the “5-day rule” include weekends and holidays?

No. C.R.S. 18-3-412.5 specifies you have five business days to register after moving. This means weekends and legal holidays where government offices are closed do not count toward your deadline.

However, the clock starts the very first business day after your release or your move. Waiting until the afternoon of the fifth day is risky, as some law enforcement agencies only perform registrations during specific morning hours.

Am I required to register my social media and e-mail accounts?

Yes. In recent years, Colorado updated its registration requirements to include digital identifiers. When you register, you must provide all e-mail addresses, instant messaging identities, and any “chat room” or social media screen names you use.

Failing to disclose an “alias” or a secret e-mail account can be charged as providing false information on a registration form, which carries the same felony or misdemeanor penalties as failing to show up at all.

Can I ever petition to stop registering in Colorado?

In many cases, yes, but it is not automatic. Depending on your original conviction, you may petition the court for deregistration (C.R.S. 16-22-113) after a set period of clean behavior:

• 5 years for most misdemeanors.
• 10 years for class 4, 5, or 6 felonies.
• 20 years for class 1, 2, or 3 felonies.

Note: Sexually violent predators (SVPs) and those with multiple adult sex crime convictions are generally required to register for life and are ineligible for removal.

Additional Resources

For more information, refer to the following:

• Colorado Convicted Sex Offender Search – Search by name or location at the Colorado Bureau of Investigation website.
• Petition to Discontinue Sex Offender Registration – Colorado forms for requesting removal from the sex offender registry.
• Colorado Department of Corrections – Information about facilities, parole, and re-entry.
• Sexually Violent Predator (SVP) and Community Notification Process – Overview provided by the Colorado Bureau of Investigation.
• Top 100 Most Wanted Sex Offenders – List of sex offender fugitives provided by the Colorado Bureau of Investigation.

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