In each week's installment of Simplified Law, we seek to give you simple definitions of crimes in Denver, Arapahoe, and Jefferson County. Sometimes, our task can be difficult, however. This week's discussion about Failure to Register as a Sex Offender charges is exceptionally hard, because this crime is extremely complex and confusing. The statute itself is very long and arduous to read. But, we've committed to simplifying the law, so we're going to deliver. We have fought for many clients who are facing this charge in Colorado, and have a passion for protecting their privacy and rights.
The Lawyer's Definition of Failure to Register as a Sex Offender
The legal jargon:“(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.”
Facing Failure to Register charges?Get Help Now!
The Simplified Definition of Failure to Register as a Sex Offender
The simple definition:“A person who is required to register as a sex offender after a conviction of or adjudication for a sex offense, who fails to complete any of the following requirements, will be charged with failure to register as a sex offender:
- Providing false information or submitting an incomplete registration form;
- Failure to provide necessary information, or knowingly providing false information to probation, community correction administrator, or a judge or magistrate when receiving notice of registration requirement;
- Failure to provide an address where they defendant will live upon release from jail or prison;
- Knowingly providing false information about where the defendant will live upon release from jail or prison;
- Failure to provide a name or alias, or failure to notify when legally changing names;
- Failure to register with the police department in each area where the defendant has a residence or lives, or failure to register an address where a trailer or mobile home is located;
- Failure to provide the correct date of birth, the refusal to provide a current photo or fingerprints, or provide a correct address;
- Failure to complete a cancellation of registration form in the area a defendant is moving from;
- Failure to register an e-mail address, instant messaging login, or chat room identity before using the identity.”
Examples of Failure to Register as a Sex Offender Charges
Failure to Cancel Registration
Tim was convicted of Sexual Assault after what he thought was a consensual sexual encounter. Unfortunately, both he and the woman had been drunk – and the woman didn't remember saying “yes” the night before. Tim spent 2 years in the Colorado Department of Corrections, and upon his release, he registered in Douglas County, where he owned a home. He found that the regulations were extremely harsh for sex offenders in that area, however, so Tim decided to move to Boulder. He registered his address with the police in Boulder County. Everything seemed fine, until one day Tim got a call from a detective, who informed him he had was facing Failure to Register as a Sex Offender charges. Tim had forgotten to complete a cancellation of registration form in Douglas County after his move to another jurisdiction in Colorado.
Personal Email Registration
Hilary lived wildly in her teenage years. She was convicted of Indecent Exposure in Adams County after she and her boyfriend had sex in a public park. She accepted a plea agreement which kept her out of jail, but Hilary is still required to register as a sex offender. She lives and works in El Paso County , where she faithfully registers with the local law enforcement agency. Hilary fought to get a job with her conviction, but finally found a job. Things going great. Her work email was for work only, so she set up a Gmail account to apply for a new job a year later. She forgot to register this new email address with her probation officer. She mentioned this casually to her probation officer. Two days later, Hilary received a summons for Failure to Register as a Sex Offender charges. She had failed to register her new email address before using it.
What is the Sentence for Failure to Register as a Sex Offender?
The sentence for Failure to Register as a Sex Offender charges varies, depending on the original crime the person was convicted of. If the sex offense a person was convicted of was a felony, the person will be charged with a class 6 or class 5 felony Failure to Register as a Sex Offender. If the underlying offense was a misdemeanor, the person will be charged with misdemeanor Failure to Register as a Sex Offender. Prison or jail time is a possibility.
A Complex Statute: An Experienced Lawyer Can Help
The statute for Failure to Register as a Sex Offender is complex. I have been a criminal defense lawyer for over 25 years, and I still find rules I never noticed before. I have worked with many clients who had no idea they were failing to register correctly. There are many other requirements listed elsewhere in the law. For example, when a sex offender signs up for college, he or she must inform Don't simply stop registering when your time is up – you are required to discontinue registration, or else you will be charged.the college of their status as a sex offender. If they fail to do so, they could be facing Failure to Register as a Sex Offender charges. Another common way a person is charged, is that they simply stop registering when the allotted time for registration is up, not realizing they must go through the process for discontinuing registration as a sex offender. Sex offender registration is complex and confusing, so it's not surprising people face Failure to Register charges. If you made a mistake and didn't understand the law correctly, don't hesitate to contact one of our skilled criminal defense lawyers for a free consultation to learn the best way to protect your future.
Get Help Now
If you or a loved one is facing Failure to Register as a Sex Offender charges, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation