December 13, 2018

Colorado Court of Appeals: Sex Offender Registration Act Requires Registry for Individuals with More than One Conviction for Unlawful Sexual Behavior

The Colorado Court of Appeals issued its opinion in People v. McCulley on Thursday, June 28, 2018.

Sexual Assault—Deferred Judgment—Plea Agreement—Colorado Sex Offender Registration Act—Petition for Removal from Registry.

Defendant pleaded guilty to one count of second degree sexual assault and one count of third degree sexual assault and entered into a plea agreement. Among other things, the plea agreement provided that the trial court would dismiss the felony charge once defendant complied with his deferred judgment. A condition of the deferred judgment was that defendant register as a sex offender pursuant to the Colorado Sex Offender Registration Act (SORA). Defendant completed his deferred judgment and the felony charge was dismissed. Years later, defendant filed a petition to discontinue the requirement that he register as a sex offender. The trial court denied the motion.

On appeal, defendant argued that the trial court erred by construing the term “conviction” under SORA to include a successfully completed deferred judgment. SORA’s plain language provides that the term “conviction” as used in C.R.S. § 16-22-113(3)(c) includes a successfully completed deferred judgment.

The order was affirmed.

Summary provided courtesy of Colorado Lawyer.

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