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    Colorado Law re “Failure to Register as a Sex Offender” (CRS 18-3-412.5)

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

    Colorado law requires that certain convicted offenders register with their local law enforcement agency within five working days of:

    • being released from prison and
    • moving residences.

    Normally sex offenders must re-register annually, though:

    Failure to register is considered a criminal offense according to CRS 18-3-412.5:

    • felony sex offenders who fail to register commit a felony, and
    • misdemeanor sex offenders who fail to register commit a misdemeanor.

    To help you better understand the consequences of failing to register as a Colorado sex offender, our Denver Colorado criminal defense attorneys discuss the following, below:

    1. What obligations do Colorado sex offenders have?

    Colorado’s registration requirements for convicted sex offenders are set forth in article 3 of title 18 of the Colorado Revised Statutes. They apply to both people convicted in Colorado and to people who move to Colorado after conviction in any other state or U.S. jurisdiction (including the military).

    These obligations include (without limitation):

    • Registering as a sex offender as required under article 22 of title 16, C.R.S.;
    • Submitting a complete and accurate registration form;
    • Truthfully informing any probation department employee, community corrections administrator, or judge or magistrate of your correct address (including any trailer or motorhome);
    • Truthfully advising the court or corrections department where you intend to live upon release from incarceration for a sex offense;
    • Providing your current name and any former names for the Colorado sex offender registry;
    • Re-registering with local law enforcement upon changing or your address, establishing an additional residence, or legally changing names;
    • Providing your correct date of birth;
    • Sitting for or providing a current photograph or image;
    • Providing a current set of fingerprints,
    • Providing your correct address,
    • Completing a cancellation of registration form when you leave a jurisdiction; and
    • Registering your e-mail address, instant-messaging identity, or chat room identity before using it, if legally required to do so.

    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 18-3-412.6.1

    See our related article on registration laws for sexually violent predators (SVPs).

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

    Colorado offenders released from the Department of Corrections with no supervision must register with local law enforcement the next business day.

    2. What are the penalties for failing to register?

    CRS 18-3-412.5 penalties for failing to register as a sex offender are separate from the punishment for the underlying sex crimes conviction.

    2.1. Misdemeanor failure to register

    Failure to register is an extraordinary risk Colorado class 1 misdemeanor if you were convicted of a misdemeanor sex offense or its equivalent in another jurisdiction or juvenile court.

    As an adult, punishment for misdemeanor failure to register can include:

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

    2.2. Felony failure to register

    Failure to register as a Colorado sex offender is a felony if the underlying conviction was for a felony.

    A first-time failure to register for a felony conviction is a Colorado class 6 felony. Consequences include:

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

    A second or subsequent offense is a Colorado class 5 felony. Penalties include:

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

    2.3. 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 juvenile fails to register as required following the adjudication, he or she faces a mandatory minimum detention as follows:

    • 30 days if their sex offense would constitute a misdemeanor if committed by an adult;
    • 45 days for a first failure to register as the result of a sex offense that would constitute a felony if committed by an adult; or
    • One year for a subsequent failure to register for a sex offense that would constitute a felony if committed by an adult.4

    2.4. Failure to verify a location

    Failure to verify location as a Colorado sex offender is an unclassified misdemeanor. A first or second offense can be punished by a sentence of up to thirty days in the county jail. A third or subsequent violation is punishable by up to one year in the county jail.5

    3. How do I fight the charges?

    In our experience at Colorado Legal Defense Group, there are very few available defenses for failure to register as a sex offender or to provide notice of a change of location.

    However, you are not responsible for failure to register as a sex offender or provide your location if you can prove that:

    • Uncontrollable circumstances prevented you from complying;
    • You did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and
    • You complied as soon as the circumstances ceased to exist.6

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

    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.

    4. Is forgetting to register a defense?

    Possibly. The Colorado Court of Appeals, Division Two, said that prosecutors have to prove beyond a reasonable doubt that the defendant knowingly failed to register. Since forgetting is the absence of knowing, it follows that forgetting to register could be a defense to CRS 18-3-412.5 charges. 7

    However, prosecutors may not believe that the defendant innocently forgot. And they may try to build a case showing that the offender intentionally did not register. Therefore, simply claiming “I forgot” will probably not cause the D.A. to drop charges, at least not immediately.

    5. Do out-of-state offenders who move to Colorado have to register?

    Yes. If a sex offender registrant from another state moves to Colorado, he or she is required to register with the local police within five (5) business days of the move. The offender should also notify his or her home state about the move.8

    6. Do Colorado offenders have to register if they move out-of-state?

    Yes. Offenders should check ahead of time what the laws are in the new state. And offenders also need to notify law enforcement in Colorado that they are moving out-of-state.9

    7. Related offenses

    7.1. Sexual assault

    Sexual assault / rape (CRS 18-3-402) is any forced or non-consensual act of sexual penetration in Colorado. A felony, rape carries 2 years to life in prison depending on the circumstances of the case.

    Also see our articles on sexual assault of a client by a psychotherapist (CRS 18-3-405.5) and child sexual assault by one in a position of trust (CRS 18-3-405.3).

    7.2. Unlawful sexual contact

    Unlawful sexual contact (CRS 18-3-404) is unwanted sexual touching, such as groping or fondling. It is less serious than rape since it does not involve penetration. It can be a felony or a misdemeanor depending on the case.

    Also see our article on indecent exposure (CRS 18-7-302).

    7.3. Enticement of a child

    Enticement of a child (CRS 18-3-305) is inviting a child somewhere in order to commit sexual assault or unlawful sexual contact with the child. It is always prosecuted as a felony.

    Also see our articles on internet luring of a child (CRS 18-3-306) and sexual exploitation of a child (CRS 18-6-403).

    7.4 Pimping

    Pimping (CRS 18-7-206) is living off the earnings of a prostitute. It is different from pandering (CRS 18-7-203), which is inducing or arranging for others to engage in prostitution. Pimping is always a felony.

    Also see our article on solicitation of a prostitute (CRS 18-7-202).

    Additional resources

    For more information, refer to the following:

    Legal references:

    1. CRS 16-22-108; see also People v. Jones, (2017) 2017 COA 116, 405 P.3d 504.
    2. CRS 18-3-412.5. The language of the statute reads as follows:(1) A person who is required to register pursuant to article 22 of title 16, C.R.S., and who fails to comply with any of the requirements placed on registrants by said article, 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;

      (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. A class 1 misdemeanor conviction pursuant to this subsection (3) is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

      (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.

      Note that prior to March 1, 2022, extraordinary risk class 1 misdemeanors carried up to 2 years in jail and/or up to $5,000 in fines. SB21-271.

    3. CRS 18-3-412.5. See also People v. Dorsey, 2021 COA 126. (“[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, (2017) 2017 COA 89 (Eviction, homelessness, or lack of a fixed residence are not excuses for failing to register.).
    7. People v. Lopez, (COA 2005) 140 P.3d 106.
    8. CRS 15-22-106; CRS 16-22-108; See Registration, Colorado Bureau of Investigation (CBI).
    9. Same.

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