A ridiculous sanction imposed on sex offenders who may have committed Internet Sexual Exploitation of a Child (CRS 18-3-405.4), Aggravated Incest (CRS 18-6-301), or Internet Luring of a Child (CRS 18-3-306) is beginning to make headlines across the country. Registered sex offenders are complaining that new ordinances restrict their freedom of speech. Colorado residents should be informed of these new laws because they may see something similar arise in Denver, Jefferson, Arapahoe, or Douglas County. With Halloween approaching, citizens have become concerned about kids ringing the doorbells of strangers who could be sex offenders. A city in California, much like the Colorado cities of Englewood, Littleton, or Aurora, has addressed this concern by mandating that registered sex offenders in that city may not celebrate Halloween by putting up decorations. In addition, on Halloween they must turn off all outdoor lighting, and post a sign saying that no candy or treats are available at that residence.
Registered sex offenders have filed a lawsuit against the city claiming that basic freedoms are being infringed. They argue that it is affecting their children because they are not allowed to put anything festive on their house for Halloween. They argue that the right to celebrate Halloween and participate in those traditions is free speech. Regulation to this extent should be seen as unconstitutional in Adams, Larimer, and Weld County as well as across the country.
When someone is convicted of a sex offense, they live with a stigma for much of the rest of their life. In Colorado, someone must register as a sex offender for years after the original offense has occurred. People who may have been convicted of or plead guilty to Juvenile Sexual Assault on a Child when they were teenagers, must often continue registration after they have married and have families of their own. They still suffer the consequences of a juvenile mistake.
If you have been contacted by police because of Sexual Assault (CRS 18-3-402) or Enticement of a Child (CRS 18-3-305), 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.