Sexually Violent Predators – The Law in Colorado

In Colorado, sexually violent predators (SVPs) are a more serious and higher risk class of convicted sex offenders. Unlike other sex offenders, SVPs must register for life and update their information four times a year rather than just once per year.

In this article, our Denver criminal defense attorneys will address the following key issues regarding sexually violent predators (SVPs) in Colorado:

• 1. Criteria
• 2. Registration Length
• 3. Registration Frequency
• 4. Public Information
• 5. Residency Rules
• 6. Community Notification
• 7. Failing to Register
• Frequently Asked Questions
• Additional Resources

1. Criteria

Sexually violent predators (SVPs) are the highest risk class of registered sex offenders in Colorado. For you to be designated as an SVP, you must meet all of the following four conditions:

1. You were at least 18 years old at the time of the sex offense, or you were a juvenile prosecuted as an adult; and
2. The victim was either a stranger to you or someone you formed a relationship with for the purpose of sexual victimization; and
3. A risk assessment screening indicates you are likely to re-offend with criminal behavior; and
4. You were convicted of one of the below offenses on or after July 1, 1999 (or you were convicted of an attempt, solicitation, or a conspiracy to commit one of the below offenses on or after July 1, 1997):

• Sexual assault (C.R.S. 18-3-402) or sexual assault in the first degree as it existed prior to July 1, 2000; or
• Sexual assault in the second degree as it existed prior to July 1, 2000; or
• Unlawful sexual contact (C.R.S. 18-3-404(1.5) or (2)) or sexual assault in the third degree as it existed prior to July 1, 2000; or
• Sexual assault on a child (C.R.S. 18-3-405); or
• Sexual assault on a child by a person in a position of trust (C.R.S. 18-3-405.3).

Therefore, you would not qualify as an SVP if either:

• You victimized your significant other, friend, or close family member; or
• You were under 18 at the time of the offense and were not prosecuted as an adult; or
• Your risk assessment indicates you are unlikely to commit another sex offense; or
• You were not convicted of sexual assault or unlawful sexual contact.

Note that you can be an SVP whether you were convicted by taking a plea bargain or being found guilty at trial.¹

SVPs must register for the rest of their life in Colorado.

2. Registration Length

Sexually violent predators (SVPs) must register for life in Colorado. There is no way to get off of the registry early unless your conviction gets overturned.²

3. Registration Frequency

If you are a sexually violent predator (SVP) in Colorado, you must confirm your information with the police department every three months (quarterly). Such information includes your:

• Address,
• Place of employment, and
• Online identities (if your conviction was for a child sex crime).

As an SVP, you must also update your information with the sheriff’s office every time you move or legally change your name. Even if you are living in a trailer or motor home, you must update your information whenever you change location.

Finally, if you are an SVP who attends college or works at a college, you must re-register every time you:

• Begin your work or study; or
• Change your work status; or
• Change locations at the institution.³

SVPs have to re-register every three months in Colorado.

4. Public Information

If you are a sexually violent predator (SVP), Colorado’s Sex Registry reveals the following information about you:

• Name
• Date of birth
• Address (including county)
• Photograph
• Gender
• Race
• Height
• Weight
• Hair color
• Eye color
• Scars, marks, and/or tattoos
• Crimes (and dates of conviction)
• Offender designation (that you are classified as an SVP)
• Modus operandi (details of predatory habits), but only in local community notification materials
• Whether you ever failed to register as a sex offender

People can obtain this information online or else can call the Colorado Bureau of Investigation at (303) 239-4201.⁴

SVPs who do not register face felony charges.

5. Residency Rules

Colorado state law places no restrictions on where sexually violent predators (SVPs) can live.⁵ However, many local laws do prohibit sex offenders from living near schools, parks, and daycare facilities.

Therefore if you are a sex offender (whether an SVP or not), you should check county and municipal ordinances before setting up a residence. If you move to another state, you must follow that state’s laws for registering.

6. Community Notification

If you are a sexually violent predator (SVP) and change addresses in Colorado, the local police will issue a “community notification.” This entails:

• Posting information about you on the police website, and
• Informing neighbors and businesses in the area, and
• Informing surrounding law enforcement agencies.⁶

Police issue community notifications whenever an SVP moves.

7. Failing to Register

If you are a sexually violent predator (SVP) in Colorado, failure to register as a sex offender is a class 6 felony. Providing false information while registering is also a class 6 felony. Penalties include:

• 1 to 1 ½ years in Colorado State Prison (Department of Corrections) and/or
• $1,000 to $100,000 in fines.⁷

Your online profile on the sex registry will also show this conviction.

If you were on parole at the time, failing to register may also cause you to serve more prison for the underlying sex crime.

Note that a “failure to register” charge may be dismissed if these three circumstances are true:

1. Uncontrollable circumstances prevented you from registering; and
2. You did not recklessly cause these circumstances; and
3. You registered as soon as these circumstances ended.⁸

SVPs cannot be removed from the sex offender registry early.

Frequently Asked Questions

How do I know if I will be classified as a sexually violent predator (SVP)?

You will be classified as an SVP if you meet all four criteria: you were 18+ at the time of offense (or a juvenile tried as an adult), the victim was a stranger or someone you formed a relationship with to victimize, a risk assessment shows you’re likely to reoffend, and you were convicted of specific sex crimes like sexual assault or sexual assault on a child after July 1999.

What happens if I fail to register as a sexually violent predator?

Failing to register as an SVP is a class 6 felony in Colorado. You could face one to 1½ years in state prison and fines from $1,000 to $100,000. This conviction will also appear on your online sex registry profile, and if you’re on parole, you may have to serve additional prison time for your original crime.

How often do I need to update my registration as an SVP?

As an SVP, you must confirm your information with police every three months (quarterly), including your address, workplace, and online identities. You must also update your registration immediately whenever you move, change your name legally, or if you work or study at a college and your status changes.

Can I ever be removed from the sex offender registry as an SVP?

No, SVPs must register for life in Colorado. There is no way to get off the registry early unless your conviction is completely overturned. Unlike other sex offenders who may have options to petition for removal, SVPs have lifetime registration requirements.

Additional Resources

For more information, refer to the following:

• Colorado Sex Offender Registration Unit – The state office that oversees the registration and tracking of sex offenders.
• Colorado Bureau of Investigation (CBI) – The state agency that provides forensic, investigative, and criminal justice support to law enforcement.
• Colorado Department of Corrections – The state agency responsible for managing prisons and supervising parolees.
• Colorado Sex Offender Management Board – The regulatory body that sets treatment and supervision standards for sex offenders.
• Colorado Department of Public Safety – The agency that coordinates law enforcement, emergency response, and criminal justice services.
• Colorado Office of Community Corrections – The state agency that oversees alternatives to incarceration, such as halfway houses and reentry programs.

Also see our article about sentencing sex offenders.

Legal References