Failure to Register as a Sex Offender is charged in Fort Collins and Larimer County when a person who is required to periodically go to the local law enforcement agency and complete the sex offender registration paperwork fails to do so during their required registration window. It’s pretty straight forward for those convicted of a sex offense in Colorado. But, the waters are definitely muddy when it comes to someone who has a sex offense conviction from another state. When it comes to registering, Colorado requires that if someone has been convicted of a sex offense in another state and the elements of the crime in that state match the elements of a crime in Colorado that requires registration, then they will be required to register as a sex offender. The problem is, how does someone determine this and then get confirmation in their understanding?
I Have an Out of State Sex Offense Conviction: Do I Register in Larimer County?
If you are moving to Colorado from another state and you have a sex offense conviction in the previous state, you may be required to register as a sex offender in Larimer County. How do you know? Well, a Colorado case from 2012 specifically states:
In this example, the person had been convicted of Indecent Exposure in another state. However, the elements of the crime are different in that state than in Colorado, so the court determined that the person should not have to register here. A similar case just happened in Jefferson County. The man was convicted of Attempted Sex Assault on a Child in another state and was required to register for 10 years (2009 – 2019) according to that state’s laws. In the meantime, the man moved to Colorado and was charged in 2017 for Failure to Register. He was convicted of the offense, but appealed and the Court of Appeals agreed that the man shouldn’t have to register in Colorado because the elements of the crime he pled to do not match the Colorado statute. However, this ruling just occurred in 2021, meaning he had the conviction on his record, had to comply with his sentence, and then had to register for 4 years before the issue was rectified. It’s a situation so complicated, even those in the criminal justice system don’t always agree on the reading of the statues and the law.
If you or someone you love has been charged with Failure to Register as a Sex Offender either from a Colorado or out of state conviction, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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