Recently, law enforcement agencies in the Denver area teamed up to arrest 19 sex offenders who had failed to register as sex offenders, as required. Fifty law enforcement employees including those from the U.S. Marshals Service, Colorado State Patrol, Colorado Bureau of Investigation, Lakewood Police Department, Thornton Police Department, and Westminster Police Department teamed up to locate the fugitive offenders. The campaign was known as “Operation Spring Cleanup.” This was the first large scale sweep with the sole intention of arresting those accused of Failure to Register as a Sex Offender, but officials say it will not be the last.
Larimer County Failure to Register as a Sex Offender Lawyer: What is the Definition of Failure to Register?
The Colorado law definition of Failure to Register as a Sex Offender – C.R.S. 18-3-412.5 – is:
(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.
Failure to Register as a Sex Offender in Fort Collins: More Than Just Not Showing Up
As you can see, Failure to Register as a Sex Offender can be charged for more than just not physically reporting to the appropriate law enforcement agency to register. It can be charged for failing to provide certain information, or providing false information as well. It is easy to unintentionally violate this complicated law. In Larimer, Boulder, and Grand County, Failure to Register as a Sex Offender is charged as a class 6 felony if the person required to register was convicted of felony unlawful sexual behavior or as a class 1 misdemeanor is the person was convicted of misdemeanor unlawful sexual behavior.