July 16, 2018

Colorado Court of Appeals: Evidence Sufficient to Prove Defendant Knowingly Failed to Register as Sex Offender

The Colorado Court of Appeals issued its opinion in People v. Wilson on Thursday, June 29, 2017.

Sex Offender—Registration—Evidence—Affirmative Defense—Uncontrollable Circumstances.

Wilson was required to register as a sex offender and failed to do so. He was then convicted of failure to register as a sex offender.

On appeal, Wilson contended that the evidence was insufficient to show that he knowingly failed to register as a sex offender. Wilson argued that because he was evicted from the motel he was staying at on the last day of the five-day period, he had an additional five days to register. A defendant is guilty of failing to register as a sex offender when, as relevant here, he does not register with his local law enforcement agency within five business days after being released from incarceration. The evidence is sufficient to support the fact that Wilson knowingly failed to register as a sex offender within five days of being released. Further, the statute required Wilson to register within five days of his release without regard to where he was living or whether his location changed during that five-day period.

Wilson next contended that the trial court erred in “disallowing the affirmative defense of uncontrollable circumstances.” However, lack of a fixed residence is not an uncontrollable circumstance, and Wilson did not present any credible evidence that uncontrollable circumstances existed that prevented him from registering as a sex offender. Thus, the trial court did not err in rejecting his affirmative defense.

The judgment was affirmed.

Summary provided courtesy of The Colorado Lawyer.

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