How the “Sex Offender Registry” Works in Colorado

Certain sex crime convictions require you to register as a Colorado sex offender. Depending on your case, your information may be publicly searchable on Colorado’s Sex Offender Tracking and Registration System (“SOTAR”).

You are required to re-register once a year and whenever you change addresses. Though if you are classified as a sexually violent predator (SVP), you must re-register every three months. Failing to register is a felony carrying up to one and a half years in Colorado State Prison.

If you avoid further sex crime convictions, you may be eligible to get removed from the registry after a minimum time period following the completion of your sentence (including probation and parole). The wait depends on your underlying conviction:

• Certain class 1, 2, and 3 felonies:  After 20 years.
• Certain class 4, 5, and 6 felonies:  After 10 years.
• Class 1 misdemeanor sexual assault or sexual contact:  After 10 years.
• Other misdemeanors:  After 5 years.

Note you may not petition to get off the registry if you are an SVP, or you were convicted of felony sexual assault or felony incest, or you were convicted of at least two convictions of unlawful sexual behavior.

In this article, our Denver criminal defense lawyers discuss the following key topics regarding the Colorado sex offender registry:

• 1. Registrable Offenses
• 2. Purpose of Registry
• 3. Information You Must Provide
• 4. Public Information
• 5. Registration Requirements
• 6. Quarterly Registration
• 7. Residency Restrictions
• 8. Length of Registration
• 9. Getting Off the Registry
• 10. Failure to Register
• 11. Where Sex Offenders Live
• 12. Fighting Sex Crime Charges
• Additional Resources

1. Registrable Offenses

If you are convicted of committing – or attempting to commit – any of the following Colorado crimes, you must register as a sex offender:

• Sexual assault (CRS 18-3-402)
• Unlawful sexual contact (CRS 18-3-404)
• Sexual assault on a child (CRS 18-3-405)
• Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)
• Sexual assault on a client by a psychotherapist (CRS 18-3-405.5)
• Enticement of a child (CRS 18-3-305)
• Incest (CRS 18-6-301)
• Aggravated incest (CRS 18-6-302)
• Trafficking in children (CRS 18-3-502)
• Sexual exploitation of children (CRS 18-6-403) – also called “child pornography”
• Procurement of a child for sexual exploitation (CRS 18-6-404)
• Indecent exposure (CRS 18-7-302)
• Soliciting for child prostitution (CRS 18-7-402)
• Pandering of a child (CRS 18-7-403)
• Procurement of a child (CRS 18-7-403.5)
• Keeping a place of child prostitution (CRS 18-7-404)
• Pimping of a child (CRS 18-7-405)
• Inducement of child prostitution (CRS 18-7-405.5)
• Patronizing a prostituted child (CRS 18-7-406)
• Sexual conduct prohibited under CRS 18-7-701
• Wholesale promotion of obscenity to a minor (CRS 18-7-102(1.5))
• Promotion of obscenity to a minor (CRS 18-7-102(2.5))
• Class 4 felony internet luring of a child (CRS 18-3-306 (3))
• Internet sexual exploitation of a child (CRS 18-3-405.4)
• Public indecency (CRS 18-7-301(2.b)): Third or subsequent offense, or second offense committed within five years of a previous offense;
• Invasion of privacy for sexual gratification (CRS 18-3-405.6)
• Second-degree kidnapping (CRS 18-3-302(3)(a))

Note that you still must register in Colorado if you were convicted of a similar crime in another state.

If you finished serving your sex offense sentence prior to July 1, 1991, you may not have to register. Check with your attorney to learn whether you are exempt.¹

2. Purpose of Registry

Colorado’s sex offender registry is a public safety and community notification service.

It allows the general public to search for convicted sex offenders living in their area. Plus law enforcement uses it to keep track of offenders in their jurisdictions. If you are a registered sex offender, the police get notified whenever:

• You fail to register or
• You re-register in another jurisdiction.

The registry also shows whether you are an SVP, short for “sexually violent predator.” SVPs are the most high-risk class of Colorado sex offenders.

The sex registry serves not only to punish offenders and help police track them but also to deter future sex offenses: Being on the sex registry carries an enormous social stigma, negatively impacts relationships, and hinders future employment prospects.

3. Information You Must Provide

If you are required to register as a sex offender in Colorado, you must provide the following information to the county sheriff’s office:

• Name (including aliases),
• Instant messaging and chat room identities,
• Registration status,
• Date of birth,
• Address,
• Place of employment,
• Physical description,
• Photograph,
• Full set of fingerprints, and
• Vehicle information.²

4. Public Information

If you are a registered sex offender in Colorado, the Colorado Bureau of Investigation website reveals the following information about you:

• Name,
• Birthday,
• Residential address (including county),
• Vehicles,
• Custody status,
• Headshot,
• Gender,
• Race,
• Height,
• Weight,
• Hair color,
• Eye color,
• Scars, marks, and tattoos,
• Crimes and conviction dates,
• Whether you are a sexually violent predator,
• Modus operandi information (details of predatory habits), if known, and
• Whether you ever failed to register as a sex offender.

The local police department may also post this information on their website.

Note that you are not publicly searchable on the registry if you were:

• Adjudicated as a juvenile or
• Convicted only of a misdemeanor.³

5. Registration Requirements

If you are required to register as a sex offender in Colorado, you usually must update your information annually within five business days of your birthday. However, certain offenders are required to re-register every three months. (Scroll down to the next section for more information about these “quarterly offenses”.)

In addition, you must re-register whenever you:

• Change an address; or
• Add an address; or
• Move your trailer or motor home (if applicable); or
• Legally change your name.

There are also rules if you attend, volunteer, or work at an institution of higher education: You must re-register when you begin your work or study. Then you must re-register anytime you change your work status or location at the institution.⁴

6. Quarterly Registration

You are required to register as a sex offender every three months in Colorado if you either:

1. Are a sexually violent predator (SVP); or
2. Were convicted out-of-state if the conviction would require quarterly registration in Colorado; or
3. Were convicted as an adult in Colorado of:
   • felony sexual assault; or
   • sexual assault on a child; or
   • sexual assault on a child by one in a position of trust; or
   • sexual assault on a child by a psychotherapist; or
   • incest; or
   • aggravated incest.

Otherwise, you are required to register annually.⁵ The following table summarizes registration requirements.

Type of Sex offender	Registration Requirement in Colorado*
Transients	Every 30 days
Sexually violent predators (SVPs)	Every 90 days
All other sex offenders	Once a year
*You must register within 5 days of being released from prison and moving homes.

7. Residency Restrictions

State law does not restrict where sexual offenders may live. However, many local ordinances do prohibit offenders from living near:

• schools,
• churches and places of worship,
• parks,
• daycare centers, and/or
• other places children gather.

8. Length of Registration

How long you must remain on the Colorado sex offender registry depends on what you were convicted of, as the following table shows.

Colorado Crime Requiring Sex Offender Registration	Minimum Years You Must Register
Sexually violent predators (SVPs – people with a high level of risk)	For life
Felony sexual assault	For life
Sexual assault on a child	For life
Sexual assault on a child by one in a position of trust	For life
Sexual assault on a child by a psychotherapist	For life
Incest	For life
Aggravated incest	For life
More than one conviction of unlawful sexual behavior	For life
Other class 1 felonies	20 years
Other class 2 felonies	20 years
Other class 3 felonies	20 years
Other class 4 felonies	10 years
Other class 5 felonies	10 years
Other class 6 felonies	10 years
Class 1 misdemeanor sexual assault	10 years
Class 1 misdemeanor sexual contact	10 years
Other misdemeanors	5 years
Deferred sentence and adjudication	Until the case is dismissed
You (the defendant) were under 18 at the time of the offense	Until the case is dismissed
Failure to register	1 year (in addition to the required years for the underlying sex crime)

Once you register for the minimum number of years, you may file a petition with the court seeking to get off the registry.

Note that if you are a sexually violent predator (SVP), you must remain on the Colorado sex offender registry for life.⁶

9. Getting Off the Registry

To be eligible for removal from the Colorado sex offender registry, you first must register for the required number of years. (See the above section for time frames.) Plus you cannot have been convicted of any other sex offenses.

Then, you need to complete a form to discontinue sex offender registration. Before filing it, you must notify:

• The law enforcement agency you are required to register with; and
• The prosecuting attorney in the jurisdiction of that law enforcement agency; and
• The prosecuting attorney who convicted you.

There is no filing fee for Colorado residents. Out-of-state residents must pay a $235 filing fee. Plus there may be fees for obtaining copies of necessary records.⁷

10. Failure to Register

If you were convicted of a felony sex offense in Colorado, failure to register is a class 6 felony. Penalties include:

• 1 to 1 ½ years in Colorado State Prison and/or
• $1,000 to $100,000 in fines.

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

• 1 to 3 years in Colorado State Prison and/or
• A fine of $1,000 to $100,000.

Failure to register is a class 1 misdemeanor if you were convicted of a misdemeanor sex offense (or its equivalent in another jurisdiction or juvenile court). The punishment is:

• Up to 364 days in jail and/or
• A fine of up to $1,000.

Convictions for failure to register will also be noted on your sex offender registry profile.⁸

11. Where Sex Offenders Live

To see where sex offenders live, go to the Kids Live Safe website. Users can search by zip code for nearby registered sex offenders.

12. Fighting Sex Crime Charges

Being charged with a Colorado sex crime is not a conviction. It may be possible to get the charge dismissed or reduced through a plea bargain without you ever having to register as a sex offender.

Here at Colorado Legal Defense Group, we have experience representing literally thousands of people charged with sex crimes. Depending on the specific case, the following ten defenses have proven very effective with prosecutors, judges, and juries:

1. You were falsely accused.
2. There was consent.
3. You reasonably thought there was consent.
4. The alleged victim was old enough to consent.
5. No sexual contact occurred.
6. No penetration occurred.
7. You are a victim of mistaken identity.
8. You were entrapped.
9. The police found the evidence through an unlawful search.
10. The police coerced your confession.

Typical evidence in these cases includes video footage, eyewitnesses, and medical records.

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.

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