Failure to Register as a Sex Offender – CRS 18-3-412.5, can either be a felony or misdemeanor crime. This crime is committed when someone in Denver, Arapahoe, or Adams County, must register as a sex offender because of a previous sex crime conviction or guilty plea. Under certain circumstances, a misdemeanor crime like Indecent Exposure – CRS 18-7-302 requires the offender to register as a sex offender. Failure to continue to do so will result in a new charge. This is as serious as the initial act that caused the registration. A crime like Public Indecency (CRS 18-7-301), is not a sexual offense. And, it does not require registration.

How to Avoid a Failure to Register as a Sex Offender Charge:

Failure to Register as a Sex Offender occurs when someone does not follow requirements outlined by the Sex Offender Management Board (SOMB) to a “tee.” The requirements are long, arduous, and sometimes impossible. Police officers serving in cities in Weld, Larimer, Jefferson, or Douglas County often arrest people for this charge who are homeless or do not have a fixed address. Under Colorado law, anytime a person moves or changes their primary address they must re-register their information with the Sex Offender Management. Failure to do so within the time limit means they commit Failure to Register as a Sex Offender.

At the O'Malley Law Office, this seems like a no-win situation for many of our clients. Oftentimes, homeless people caught urinating in public will face multiple Public Indecency charges. Those charged with Indecent Exposure must register as a sex offender and supply a permanent address. When they are not able to give one, they face charges of Failure to Register as a Sex Offender. This continues a vicious cycle where no one wins.

If police contact you with charges of Failure to Register as a Sex Offender, be smart and exercise your right to remain silent. Then, contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.