Colorado statute
C.R.S. § 18-3-412.6 — Failure to verify location as a sex offender.
Current through 2025 Regular Session
Part of Part 4: UNLAWFUL SEXUAL BEHAVIOR, Colorado Revised Statutes.
Criminal charges under this statute
Full text of C.R.S. § 18-3-412.6
Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.
(1) A person who is required to register pursuant to article 22 of title 16, C.R.S., and who lacks a fixed residence, as defined in that article, and who fails to comply with the provisions of section 16-22-109 (3.5)(c)(I) or 16-22-109 (3.5)(c)(II), C.R.S., commits the offense of failure to verify location as a sex offender. (2) (a) In a prosecution for a violation of this section, it is an affirmative defense that: (I) Uncontrollable circumstances prevented the person from complying; and (II) The person did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and (III) The person complied as soon as the circumstances ceased to exist. (b) In order to assert the affirmative defense pursuant to this subsection (2), the defendant shall provide notice to the prosecuting attorney as soon as practicable, but not later than thirty days prior to trial, of his or her notice of intent to rely upon the affirmative defense. The notice shall include a description of the uncontrollable circumstance or circumstances and the dates that the uncontrollable circumstances began and ceased to exist in addition to the names and addresses of any witnesses the defendant plans to call to support the affirmative defense. The prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute the affirmative defense as soon as practicable after their names become known. Upon the request of the prosecution, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute sufficient evidence to support submission to the jury. (3) Failure to verify location as a sex offender is a class 2 misdemeanor. (4) Failure to verify location as a sex offender is not a sexual offense subject to the provisions of sections 16-11.7-104 and 16-11.7-105, C.R.S., and, notwithstanding any other provision of law to the contrary, offenders convicted of a violation of this section are not eligible for probation pursuant to part 2 of article 1.3 of this title.
Official sources
Legal terms used in this section
Questions this section answers
Is failure to verify location as a sex offender a felony or a misdemeanor in Colorado?
Failure to verify location as a sex offender is a class 2 misdemeanor in Colorado under C.R.S. § 18-3-412.6.
Which Colorado statute covers failure to verify location as a sex offender?
Failure to verify location as a sex offender is governed by C.R.S. § 18-3-412.6 (Failure to verify location as a sex offender).
This reference is informational and is not legal advice.