Sex offenders in Colorado, particularly in counties like Denver, Jefferson, Adams, Arapahoe, Douglas, Larimer, and Weld should be aware of the Adam Walsh Child Protection and Safety Act. Colorado has not approved this act, but other states have, and people convicted of Sexual Exploitation of a Child (CRS 18-6-403), Sexual Assault on a Child (CRS 18-3-4054), and Incest (CRS 18-6-302) are dealt with very harshly.
Six year-old Adam Walsh, son of America’s Most Wanted host John Walsh, was kidnapped at a mall after his mother let him stay in the video game section while she searched for something a few aisles over. He disappeared from the mall in the few moments of separation. A few weeks later, fishermen found his body in a canal. His disappearance caused a national sensation, and his families advocacy efforts have had wide spread effects. The police closed the case in 2008 and attributed the murder to a convicted felon after he confessed to the kidnapping.
The Adam Walsh Act gives the government more subjective power in sentencing sex offenders. It organizes sex crime convictions into separate “tiers” which require different penalties harsher than ones in place currently. It requires that some juveniles be listed in the registry as well, when currently in Colorado they are not. If the Adam Walsh Act is accepted by Colorado, it would fail to differentiate between violent sex offenders and offenders that were the victims of false allegations, vicious internet stings by police, or cases of consensual sex with an underage teen.
Colorado cities like Denver, Lakewood, Aurora, Arvada, and Littleton have not consented to ratify The Adam Walsh Child Protection and Safety Act, even though by refusing they run the risk of losing 10% of certain law enforcement assistance funds. People see the effects of this invasive law and are concerned about the repercussions. Because of this act, a homeless man convicted of Failure to Register as a Sex Offender (CRS 18-3-412.5) was given a life sentence for a crime that is considered in Colorado to only be a class 5 felony.
If the district attorney or police are investigating is sex crime charges against you, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.