CAVEAT:  This web page is not intended to be a definitive statement regarding sex offenders
Just a few brief bits of information

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        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

        Sex offenders are treated differently from normal crimes by Colorado law and may be broken down into three categories.
        1.  Registration
        2.  Treatment
        3.  Sentencing, including genetic testing - DNA seizure

        Prior to November 1, 1998 sentencing was provided under the Sentencing of Sex Offenders Act - CRS 18-1-901, et. seq..  That act included what I consider to be minor offenses - e.g. indecent exposure and unlawful sexual contact. 

        Subsequent to that time, the legislature adopted the Lifetime Supervision of Sex Offenders Act - CRS 18-1.3-1001 et. seq.  Crimes sentenced under this Act are what I consider major offense, and I no longer provide representation in these types of cases.  Therefore, sentencing references in this web page will be limited to those offenses for which I will provide representation.

CRS 16-22-102. Definitions.  As used in this article, unless the context otherwise requires:
        (3) "Convicted" or "conviction" means having received a verdict of guilty by a judge or jury, having pleaded guilty or nolo contendere, having received a disposition as a juvenile, having been adjudicated a juvenile delinquent, or having received a deferred judgment and sentence (aka deferred sentence) or a deferred adjudication.
        (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.
        (8) "Temporary resident" means any person who is:
                (a) Employed in this state on a full-time or part-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
                (b) Enrolled in any type of educational institution in this state on a full-time or part-time basis.
        (9) "Unlawful sexual behavior" means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:
                (c) (I) Unlawful sexual contact, in violation of CRS 18-3-404; or
                     (II) Sexual assault in the third degree, in violation of CRS 18-3-404, as it existed prior to July 1, 2000;
                (m)    Indecent exposure, in violation of CRS 18-7-302.

CRS 16-22-103. Sex offender registration - required - applicability - exception.
        (1) Effective July 1, 1998, the following persons shall be required to register pursuant to the provisions of CRS 16-22-108 and shall be subject to the requirements and other provisions specified in this article:
        (2) (a) On and after July 1, 1994, any person who is convicted in the state of Colorado of unlawful sexual behavior or of another offense, the underlying factual basis of which involves unlawful sexual behavior, or any person who is released from the custody of the department of corrections having completed serving a sentence for unlawful sexual behavior or for another offense, the underlying factual basis of which involved unlawful sexual behavior, shall be required to register in the manner prescribed in CRS 16-22-104, CRS 16-22-106 or CRS 16-22-107, whichever is applicable, and CRS 16-22-108.
            (b) A person shall be deemed to have been convicted of unlawful sexual behavior if he or she is convicted of one or more of the offenses specified in CRS 16-22-102 (9), or of attempt, solicitation, or conspiracy to commit one or more of the offenses specified in said section.

People v. Meidinger, 987 P.2d 937 (Colo. App. 1999) (underlying charge - pimping a minor)

FACTS: Numerous charges related to child prostitution were filed; defendant pleaded guilty to contributing to delinquency of a minor.

        "History" can include the underlying circumstances of the offense and is not limited to convictions for one or more of the enumerated sex offenses. If the underlying offenses are included in the list of enumerated sex offenses contained in CRS 16-11.7-102(3), even though a person may be convicted in Colorado of a crime which is not on the list, defendant is a "sex offender" because he / she has a "history" of sex offenses. That requires registration as a sex offender under CRS 18-3-412.5(1)(b. The person will be characterized under CRS 16-11.7-102(2) as a "sex offender" and, thus, could be ordered by the court to undergo evaluation and treatment as such. Completion of a sex offender evaluation as required by CRS 16-11.7-104 is mandatory. People v. Lenzini, 986 P.2d 980 (Colo. App. July 8, 1999) See also Miyasato v. State, 892 P.2d 200 (Alaska Ct. App. 1995) (burglary defendant with past record of sex offenses properly required to undergo sex offender treatment as condition of probation); State v. Shepherd, 554 N.W.2d 821 (N.D. 1996) (burglary defendant required to undergo sex offender treatment where that condition was reasonably related to the underlying circumstances of crime).

        However, if not convicted of a "sex offense" within the meaning of CRS §§ 18-21-102(2) and 16-11.7-102(3), the trial court may not impose a sex offender surcharge under CRS 18-21-103(1).

        Essentially what the above case means is that if a defendant is charged with a statutorily defined sex offense, the defendant must achieve a flat dismissal of the case or not guilty verdict to avoid being classified as a sex offender.  Dismissal of only the statutorily defined sex offense(s) or plea to a deferred sentence are insufficient to avoid sex offender designation.

        CRS 18-3-412.5 requires persons who are convicted of "unlawful sexual behavior" to register with local law enforcement agencies; the substantive terms of this statute make no reference to a "sex offender."  Meidinger dissent - non binding.

CRS 16-22-104. Initial registration.
         Summary:  Court to electronically file initial registration and modus operandi with CBI within 24 hours of sentencing

CRS 16-22-105. Notice - requirements - residence - presumption.
        Summary:  Defendant will be sent a notice of the requirement to register, provide name, date of birth address, photo ID and fingerprints.  Registration is required with the local law enforcement agency of each jurisdiction in which the person resides and with local law enforcement agencies in any state or other jurisdiction to which the person may move.

CRS 16-22-106. Duties - probation department - community corrections administrator - court personnel - jail personnel - notice.
        Summary:  
            1.  If granted probation, the probation department is required to notify defendant of the duty to register and notify the CBI or any probation modification or termination.
            2.  If sentenced directly to community corrections, the correctional program shall provide notices.
            3.  If sentenced to jail, the sheriff shall provide notices.

CRS 16-22-107. Duties - department of corrections - department of human services - confirmation of registration - notice - address verification.
        Summary:  If sentence to the department of corrections (prison), near release the DOC or local law enforcement
            1.  Is required to notify defendant of the duty to register and notify the CBI or any probation modification or termination.
            2.  Is required to verify the prospective address and notify owners or occupants of defendant's history of unlawful sexual behavior and ascertain consent.

CRS 16-22-108. Registration - procedure - frequency - place - change of address.
        Summary:  Registration with local law enforcement due within five days from notice receipt, release from incarceration.  Annual renewals due on birthday.  Registration update within five days from changing address, employment, education or volunteer activities.  New photograph and fingerprints to be taken each contact.

CRS 16-22-109. Registration forms - local law enforcement agencies - duties - repeal.
        Summary:  Standardized registration forms to include name (legal and alias), address, employment, photo, fingerprints,

CRS 16-22-110. Colorado sex offender registry - creation - maintenance - release of information.
        Summary:  Colorado Bureau of Investigation (CBI) central registry to maintain records pertaining to registrant's name, date of birth, offense convicted, whether sexually violent predator, notice to law enforcement of registration or failure to register, modus operandi.  Registry cross index with Colorado Dept. of Revenue (taxes) for address and database accessible to law enforcement.  Fingerprints and conviction data to be sent to FBI.  Information may be made available upon a criminal history check of an individual, and is available to the public within area of local law enforcement jurisdiction, or to persons outside the area upon a demonstration of need to know.  Available information:  name (legal and alias), address, photograph, history of convictions, but not information regarding the victim.

CRS 16-22-111. Internet posting of sex offenders - procedure.
        Summary: refer to CBI Sex Offender Registry

CRS 16-22-112. Release of information - law enforcement agencies.
        Summary:  Upon request to the local law enforcement agency, information may be made available upon a criminal history check of an individual, and is available to the public within area of local law enforcement jurisdiction, or to persons outside the area upon a demonstration of need to know.  Available information:  name (legal and alias), address, photograph, history of convictions, but not information regarding the victim.  The request is forwarded to the CBI, which in turn will forward the Information to the person requesting.

Period of Registration before Eligibility for Removal

CRS 16-22-113. Petition for removal from registry.
        Summary:  Right to petition the district court for an order directing removal from the central registry.
        If not subsequently convicted of unlawful sexual behavior or underlying factual basis - eligibility to petition:

The statute provides specifics regarding filing with the court and lawful notice to others.
Discontinue Sex Offender Registration (Colorado Judicial Branch Forms & Instructions)

CRS 18-3-412.5. Failure to register as a sex offender. 
        Summary:  
        Offense: failure to register as a sex offender includes failure to register, giving false or incomplete information

Classification:  Class 6 Felony if underlying conviction was felony

QUICK SENTENCING GRID   CRS 18-1.3-401 Class 6 Felony Offenses
Classification - Presumptive Sentencing Penalties

if probation is granted, intensive supervision probation program (ISP) is mandatory  CRS 18-3-412.5(2)(b)
two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)
Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)
Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

Classification:  Class 1 Misdemeanor if underlying conviction was misdemeanor

QUICK SENTENCING GRID   CRS 18-1.3-501 Class 1 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

        Refer to above sentencing provisions applicable to sex offenders

CRS 16-11.7-102. Definitions. As used in this article, unless the context otherwise requires:
        (2) (a) "Sex offender" means any person who is:
                (I) & (II)  Convicted  ... Colorado or other state  ... of any sex offense as defined in subsection (3) 
            (b) For purposes of this subsection (2), any person who receives a deferred judgment or deferred sentence for the offenses specified in this subsection (2) is deemed convicted.
        (3) "Sex offense" means any felony or misdemeanor offense described in this subsection (3) as follows:
            (c) (I) Unlawful sexual contact, in violation of CRS 18-3-404; or
            (m) Indecent exposure, in violation of CRS 18-7-302.;
            (u) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified 
        (4) "Treatment" means therapy, monitoring, and supervision of any sex offender which conforms to the standards created by the board pursuant to CRS 16-11.7-103.

        Regarding "history," refer to People v. Meidinger, supra.

CRS 16-11.7-104. Sex offenders - evaluation and identification required.
        (1) On and after January 1, 1994, each sex offender who is to be considered for probation shall be required, as a part of the pre-sentence or probation investigation required pursuant to CRS 16-11-102, to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to CRS 16-11.7-103 (4) (a).
        (2) The evaluation and identification required by subsection (1) of this section shall be at the expense of the person evaluated, based upon such person's ability to pay for such treatment.

CRS 16-11.7-105. Sentencing of sex offenders - treatment based upon evaluation and identification required. 
        Summary: Court is required to impose treatment to the extent appropriate to such offender based upon the recommendations of the evaluation and identification made pursuant to CRS 16-11.7-104, or based upon any subsequent recommendations by the department of corrections, the judicial department, the department of human services, or the division of criminal justice of the department of public safety, whichever is appropriate. Treatment is to be conducted at a state certified facility at defendant's expense.

CRS 16-11.7-106. Sex offender treatment - contracts with providers.
        Summary: Standards established for treatment agencies 

Sentencing for offenses committed before November 1, 1998 are set forth at CRS 18-1.3-901, et. seq.  No further reference is made as the issue is not likely to arise.

Sentencing for offenses committed after November 1, 1998 are set forth at CRS 18-1.3-1001, et. seq.  No further reference is made as I no longer accept the serious felony cases which qualify under the act.  Refer to the statutes for additional information.

CRS 18-21-102. Definitions. As used in this article, unless the context otherwise requires:
        (1) "Convicted" and "conviction" means a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102 or a verdict of guilty by a judge or jury, and includes a plea of no contest accepted by the court.
        (2) "Sex offense" has the same meaning as defined in section 16-11.7-102 (3), 

CRS 18-21-103. Source of revenues - allocation of moneys. 
        (1) On and after July 1, 1992, each person who is convicted of a sex offense, or receives for such offense a deferred sentence pursuant to section 18-1.3-102, shall be required to pay a surcharge to the clerk of the court in which the conviction occurs or in which the deferred sentence is entered. Such surcharge shall be in the following amounts:
                (a) For each class 2 felony of which a person is convicted, three thousand dollars;
                (b) For each class 3 felony of which a person is convicted, two thousand dollars;
                (c) For each class 4 felony of which a person is convicted, one thousand dollars;
                (d) For each class 5 felony of which a person is convicted, seven hundred fifty dollars;
                (e) For each class 6 felony of which a person is convicted, five hundred dollars;
                (f) For each class 1 misdemeanor of which a person is convicted, four hundred dollars;
                (g) For each class 2 misdemeanor of which a person is convicted, three hundred dollars;
                (h) For each class 3 misdemeanor of which a person is convicted, one hundred fifty dollars.
        (4) The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.

However, if not convicted of a "sex offense" within the meaning of CRS §§ 18-21-102(2) and 16-11.7-102(3), the trial court may not impose a sex offender surcharge under CRS 18-21-103(1).  Refer to People v. Meidinger, supra.

CRS 17-25-103. Placement limitations. No adult felony violent or sex offender shall be placed by the department in a minimum security facility located in any county without first having been placed in at least one more restrictive setting for not less than six months. Said six-month time period shall include any time spent by the inmate in any diagnostic unit operated by the department. The six-month requirement may be waived only with the approval of the executive director.

CRS 16-11-204.3. Genetic testing as a condition of probation. 
        (1) (a) A condition of probation or supervision for any offender convicted of or who receives a deferred judgment and sentence (aka deferred sentence) for an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior shall be that the offender submit to and pay for collection and a chemical testing of a biological substance sample from the offender to determine the genetic markers thereof.
            (c) Collection of the biological substance sample shall occur within ninety days after being placed on probation or under supervision, and the results thereof shall be filed and maintained by the Colorado Bureau of Investigation. The results of such tests shall be furnished to any law enforcement agency upon request.
        (2) The judicial department or its designee or contractor may use reasonable force to obtain biological substance samples in accordance with subsection (1) of this section. In addition, the refusal to comply with said subsection (1) may be grounds for revocation of probation.
        (4) The Colorado Bureau of Investigation is directed to conduct the chemical testing of the biological substance samples obtained pursuant to this section.
        (5) As used in this section, "unlawful sexual behavior" shall have the same meaning as in CRS 16-22-102(9).

Attorney Note:  The definition in ¶5 includes unlawful sexual contact and indecent exposure. which in turn mandates DNA specimen seizure for these offenses.

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