According to the news, a man was arrested for failing to register as a sex offender. The man apparently moved into a new residence, but did not update his address. After further investigation, police also discovered he was using a Facebook page with an alias name and an unregistered email account. In Denver, Adams County and elsewhere in Colorado, this man would face charges of Failure to Register as a Sex Offender, C.R.S. 18-3-412.5.
Failure to Register as a Sex Offender in Douglas County | How is it Charged?
Failure to Register as a Sex Offender charges occur in many different ways in Douglas County and across Colorado. Failure to Register as a Sex Offender charges occur if you:
- Fail to register;
- Submit a registration form with false information or submit an incomplete registration form;
- Fail to provide information or provide 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 of the duty to register;
- Fail to provide notice or providing false information of where you intend to reside after being released from jail or incarceration;
- Fail to provide your current name and any former names when registering;
- Fail to register with the local law enforcement agency in each jurisdiction where you reside after changing an address, establishing another residence or legally changing your name;
- Fail to provide your correct date of birth, or to sit for or otherwise provide a current photograph or image, to provide a current set of fingerprints, or to provide your correct address;
- Fail to complete a cancellation of registration form and file the form with the local law enforcement agency of the jurisdiction where you'll no longer reside;
- Fail to register an address for where your trailer or motor home is located if that's where you live;
- Fail to register an email address, instant messaging identity, or chat room identity prior to using the address or identity if required to register that information.
Since the man in the news story did not update his home address after moving and did not register his new email address, he would face charges of Failure to Register as a Sex Offender.
Lawyer in Jefferson County for Failure to Register as a Sex Offender: Consequences of FTR
If you fail to register as a sex offender in Jefferson County or any other part of Colorado, you can face a felony or misdemeanor charge. Failure to Register as a Sex Offender is a class 6 felony if you were convicted of a felony sexual offense. A second or subsequent offense of failure to register as a sex offender is a class 5 felony if you were convicted of a felony offense. Failure to Register as a Sex Offender is a class 1 misdemeanor extraordinary risk crime if you were convicted of a misdemeanor sexual offense.
Affirmative Defense for Failure to Register in Arapahoe County
There are circumstances where an affirmative defense can apply if you're facing charges of Failure to Register as a Sex Offender in Arapahoe County and across Colorado. Under C.R.S. 18-3-412.5(1.5)(a), it is an affirmative defense that:
- Uncontrollable circumstances prevented you from complying;
- You didn't contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and
- You complied as soon as the circumstances ceased to exist.
Always speak with a reputable criminal defense lawyer to know whether the affirmative defense applies in your criminal case and what to do to assert the affirmative defense.
Charged with Failure to Register as a Sex Offender in Denver? Call Us
If you are facing charges of Failure to Register in Denver or anywhere else in Colorado, call the best sex crimes attorneys at the O'Malley Law Office immediately. You may have been unaware of the time frames for registering after moving, or forgot to register required information. Whatever the case, an experienced criminal defense lawyer can help you avoid imprisonment, more parole or probation supervision or additional sex offender treatment. Call the criminal defense attorneys at the O'Malley Law Office today and protect your future.Request a Free Consultation