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    Failure to Register as a Sex Offender – The Law in Colorado – CRS § 18-3-412.5

    Crime of Failure to Register as a Sex Offender in Colorado [2022 UPDATES IN DESCRIPTION]

    Colorado Revised Statute § 18-3-412.5 makes it a crime to fail to register as a sex offender. Felony sex offenders who fail to register face a felony charge while misdemeanor sex offenders who fail to 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. 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,
    • email addresses, and
    • online identities (usernames).

    Depending on your case, the public can access your information through the Colorado of 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

    Graphic that shows defenses to failure to register as a sex offender, such as clerical error

    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

    The CRS 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

    Magnifying glass over yellow post-it note that reads "sex offender"

    You have only five days from being released from jail or prison to register as a sex offender in Colorado.

    2. Best 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 CRS 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 CRS 18-3-412.5 charges in certain cases.

    Man hitting his head after remembering he forgot to register as a sex offender in time

    Simply forgetting to register as a sex offender may be a defense to CRS 18-3-412.5 charges, but this defense is an uphill battle.

    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 CRS 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. Out-of-State Offenders

    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

    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

    Defendant in orange jumpsuit during an arraignment for failing to register as a sex offender in Colorado

    Failing to register as a sex offender can be a misdemeanor or felony depending on the underlying case.

    6. Registrable Sex Crimes

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

    7. 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.

    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

    Offender registering with police in compliance with CRS 18-3-412.5

    Emergency is a common defense to failure to register.

    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 email 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’s 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.

    Additional Resources

    For more information, refer to the following:

    Legal References:

    1. CRS 16-22-108. If you do not have a fixed residence, you are nevertheless obligated to notify law enforcement of your current location. Failure to do so is the separate (though less serious) offense of failure to verify location as a sex offender, Colorado CRS 18-3-412.6. See also People v. Jones (Colo.App. 2017) 405 P.3d 504. SB21-271. See also People v. Clark (Colo.App. 2024) No. 22CA0344 (unpublished).
    2. CRS 18-3-412.5 – Failure to register as a sex offender.

      (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 e-mail 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.

    3. CRS 18-3-412.5. See also People v. Dorsey (Colo.App. 2021) 536 P.3d 314. (“[A] prior conviction for failure to register as a sex offender in section 18-3-412.5, C.R.S. 2020, is not an element of the offense for a subsequent violation of that offense but instead a sentence enhancer.”).
    4. CRS 18-3-412.5.
    5. CRS 18-3-412.6.
    6. CRS 18-3-412.5 (1.5)(a) and CRS 18-3-412.6 (2)(a); People v. Wilson (Colo.App. 2017) 488 P.3d 1 (Eviction, homelessness, or lack of a fixed residence are not excuses for failing to register.).
    7. People v. Lopez (Colo.App. 2005) 140 P.3d 106.
    8. CRS 15-22-106; CRS 16-22-108; See Registration, Colorado Bureau of Investigation (CBI).
    9. Same.
    10. CRS 16-22-113.

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