Colorado criminal charge
Failure to register as a sex offender in Colorado
Failure to register as a sex offender is a criminal offense under Colorado law, defined by C.R.S. § 18-3-412.5. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-3-412.5.
What is the penalty for failure to register as a sex offender in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Felony failure to register — underlying felony unlawful sexual behavior (first offense) — The person was convicted of, or received a disposition/adjudication for, felony unlawful sexual behavior (or another offense with an underlying factual basis of felony unlawful sexual behavior), and this is not a second or subsequent offense.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Felony failure to register — underlying felony unlawful sexual behavior (first offense) — The person was convicted of, or received a disposition/adjudication for, felony unlawful sexual behavior (or another offense with an underlying factual basis of felony unlawful sexual behavior), and this is not a second or subsequent offense.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Felony failure to register — underlying felony unlawful sexual behavior (first offense) — The person was convicted of, or received a disposition/adjudication for, felony unlawful sexual behavior (or another offense with an underlying factual basis of felony unlawful sexual behavior), and this is not a second or subsequent offense.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Felony failure to register — second or subsequent offense — The person's underlying qualifying offense involves felony unlawful sexual behavior as described in (2)(a) and this is the person's second or subsequent offense of failure to register as a sex offender.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Felony failure to register — second or subsequent offense — The person's underlying qualifying offense involves felony unlawful sexual behavior as described in (2)(a) and this is the person's second or subsequent offense of failure to register as a sex offender.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Felony failure to register — second or subsequent offense — The person's underlying qualifying offense involves felony unlawful sexual behavior as described in (2)(a) and this is the person's second or subsequent offense of failure to register as a sex offender.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (Misdemeanor failure to register — underlying misdemeanor unlawful sexual behavior — The person was convicted of, or received a disposition/adjudication for, misdemeanor unlawful sexual behavior (or another offense with an underlying factual basis involving misdemeanor unlawful sexual behavior).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Misdemeanor failure to register — underlying misdemeanor unlawful sexual behavior — The person was convicted of, or received a disposition/adjudication for, misdemeanor unlawful sexual behavior (or another offense with an underlying factual basis involving misdemeanor unlawful sexual behavior).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is failure to register as a sex offender classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Felony failure to register — underlying felony unlawful sexual behavior (first offense) | Class 6 Felony | The person was convicted of, or received a disposition/adjudication for, felony unlawful sexual behavior (or another offense with an underlying factual basis of felony unlawful sexual behavior), and this is not a second or subsequent offense. | 18-3-412.5(2)(a) |
| Felony failure to register — second or subsequent offense | Class 5 Felony | The person's underlying qualifying offense involves felony unlawful sexual behavior as described in (2)(a) and this is the person's second or subsequent offense of failure to register as a sex offender. | 18-3-412.5(2)(a) |
| Misdemeanor failure to register — underlying misdemeanor unlawful sexual behavior | Class 1 Misdemeanor | The person was convicted of, or received a disposition/adjudication for, misdemeanor unlawful sexual behavior (or another offense with an underlying factual basis involving misdemeanor unlawful sexual behavior). | 18-3-412.5(3)(a) |
Common questions about failure to register as a sex offender in Colorado
Is failure to register as a sex offender a felony or a misdemeanor in Colorado?
It depends on the circumstances: failure to register as a sex offender ranges from a Class 1 Misdemeanor to a Class 5 Felony in Colorado under C.R.S. § 18-3-412.5.
Felony failure to register — underlying felony unlawful sexual behavior (first offense): Class 6 Felony (C.R.S. § 18-3-412.5(2)(a)) · Felony failure to register — second or subsequent offense: Class 5 Felony (C.R.S. § 18-3-412.5(2)(a)) · Misdemeanor failure to register — underlying misdemeanor unlawful sexual behavior: Class 1 Misdemeanor (C.R.S. § 18-3-412.5(3)(a))
What are the penalties for failure to register as a sex offender in Colorado?
Penalties for failure to register as a sex offender in Colorado depend on how it is classified — from a Class 1 Misdemeanor up to a Class 5 Felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers failure to register as a sex offender?
Failure to register as a sex offender is governed by C.R.S. § 18-3-412.5 (Failure to register as a sex offender).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.