April 21, 2019

Colorado Court of Appeals: California Resident Required to Register as Sex Offender for Extended Visits in Colorado

The Colorado Court of Appeals issued its opinion in In re Stanley v. District Attorney for the 18th Judicial District on Thursday, March 9, 2017.

Sex Offender Registration—California Conviction.

In 2001, Stanley was convicted and sentenced in California of “unlawful sexual intercourse with [a] person under 18.” Stanley successfully completed his California probation and his conviction was eventually reduced to a misdemeanor.

In 2014, the California Department of Justice notified Stanley that his statutory requirement to register as a sex offender under the California Penal Code had been terminated. In 2015, Stanley filed a petition to discontinue his sex offender registration in the Arapahoe County District Court for a non-Colorado conviction under C.R.S. § 16-22-113. Stanley, who resided in California but had family in Colorado that he wanted to visit with in Colorado for potentially long periods of time, recognized that travel would result in him being considered a temporary resident of Colorado for purposes of sex offender registration.

The district court denied the petition, concluding as a matter of law that Stanley was ineligible for relief under C.R.S. § 16-22-113(3) because his crime, if committed in Colorado, would have been a violation of C.R.S. § 18-3-402 and consequently required lifetime sex offender registration.

On appeal, Stanley argued that the district court erred as a matter of law in interpreting C.R.S. § 16-22-113(3). He conceded that if committed in Colorado, his offense would have been a violation of C.R.S. § 18-3-402(1)(e), which is a class 1 misdemeanor and an extraordinary risk crime. The Colorado Court of Appeals concluded that the plain language of C.R.S. § 16-22-113(3) precludes Stanley, as a matter of law, from discontinuing his sex offender registration in Colorado.

The order was affirmed.

Summary provided courtesy of The Colorado Lawyer.

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