WHO HAS TO REGISTER

WHO HAS TO REGISTER AS A SEX OFFENDER?

ANSWER 

Pursuant to the statutory authority, Title 16, Article 22, Colorado Revised Statutes, the following persons are required to register as sex offenders in the State of Colorado:

  1. Convicted on or after July 1, 1991 in Colorado of an Unlawful Sexual Offense, as in 18-3-411(1), or Enticement of a Child, as in 18-3-305;
  2. Convicted on or after July 1, 1991 in another state or jurisdiction of an offense that, if committed in Colorado, would constitute an Unlawful Sexual Offense, as in 18-3-411(1), or Enticement of a child, as in 18-3-305;
  3. Released on or after 07-01-1991 from Department of Corrections having served a sentence for an Unlawful Sexual Offense, as defined in section 18-3-411(1), or Enticement of a Child, as described in section 18-3-305;
  4. Convicted on or after July 1, 1994 in Colorado of an offense involving Unlawful Sexual Behavior, or for which the factual basis involved such an offense, as defined below, or released from Department of Corrections having served sentence for such an offense (including criminal attempts, solicitations, or conspiracies):
  • Sexual Assault, in violation of section 18-3-402; or
  • Sexual Assault in the First Degree, in violation of section 18-3-402 as it existed prior to July 1, 2000; or
  • Sexual Assault in the Second Degree, in violation of section 18-3-403 as it existed prior to July 1, 2000; or
  • Unlawful Sexual Contact, in violation of section 18-3-404; or
  • Sexual Assault in the Third degree, in violation of section 18-3-404 as it existed prior to July 1, 2000; or
  • Sexual Assault on a Child in violation of section 18-3-405; or
  • Sexual Assault on a Child by one in a Position of Trust, in violation of section 18-3-405.3; or
  • Sexual Assault on a Client by a psychotherapist, in violation of section 18-3-405.5; or
  • Enticement of a child, in violation of section 18-3-305; or
  • Incest, in violation of section 18-6-301; or
  • Aggravated Incest, in violation of section 18-6-302; or
  • Trafficking in Children, in violation of section 18-6-402; or
  • Sexual Exploitation of Children, in violation of section 18-6-403; or
  • Procurement of a Child for Sexual Exploitation, in violation of section 18-6-404; or
  • Indecent Exposure, in violation of section 18-7-302; or
  • Soliciting for Child Prostitution, in violation of section 18-7-402; or
  • Pandering of a Child, in violation of section 18-7-403; or
  • Procurement of a child, in violation of section 18-7-403.5; or
  • Keeping a Place of Child Prostitution, in in violation of section 18-7-404; or
  • Pimping of a Child, in violation of section 18-7-405; or
  • Inducement of Child Prostitution, in violation of section 18-7-405.5; or
  • Patronizing a Prostituted Child, in violation of section 18-7-406; or
  • Engaging in Sexual Conduct in violation of section 18-7-701; or
  • For convictions on or after July 1, 2002, a person shall be deemed to be convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, if:

 

  1. Convicted of offense that requires proof of unlawful sexual behavior as an element of offense; or
  2. Convicted of offense, is eligible, and receives enhanced sentences based on circumstances that requires proof of unlawful sexual behavior; or
  3. Originally charged with unlawful sexual behavior or with offense described in either of the two above, the person pleads guilty to offense that does not constitute unlawful sexual behavior, and, as part of plea agreement, person admits, after advisement, that underlying factual basis of offense involves unlawful sexual behavior; or
  4. Charged with and convicted of offense that does not constitute unlawful sexual behavior and person admits on record, after advisement, that underlying factual basis of offense involved unlawful sexual behavior

Convicted of an offense in another state or jurisdiction for which registration is required there or in Colorado, so long as such person is a temporary or permanent resident of Colorado.

Definitions pursuant to Colorado Revised Statutes Section 16-22-102:

As used in this article, unless the context otherwise requires:

(1) “Birthday” means a person’s birthday as reflected on the notice provided to the person pursuant to section 16-22-106 or 16-22-107 or the person’s actual date of birth if the notice does not reflect the person’s birthday.

(2) “CBI” means the Colorado Bureau of Investigation established pursuant to part 4 of article 33.5 of title 24, C.R.S.

(3) “Convicted” or “Conviction” means having received a verdict of guilty by a judge or jury, having pleaded guilty or nolo contendre, having received a disposition as a juvenile, having been adjudicated a juvenile delinquent, or having received a deferred judgment and sentence or a deferred adjudication.

(4) “Immediate Family” means a person’s spouse, parent, grandparent, sibling, or child.

(5) “Register” and “Registration” include initial registration pursuant to section 16-22-104, and registration, confirmation of registration, and re-registration, as required in section 16-22-108.

(6) “Sex Offender Registry” means the Colorado sex offender registry created and maintained by the CBI pursuant to section 16-22-110.

(7) “Sexually Violent Predator” means a person who is found to be a sexually violent predator pursuant to section 18-3-414.5 C.R.S.

(8) “Temporary Resident” means any person who is:

  • Employed in this state on a full-time basis, with or without compensation, for more than fourteen consecutive business days or for an aggregate period of more than thirty days in any calendar year; or
  • Enrolled in any type of educational institution in this state on a full-time or part-time basis.