September 22, 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.

Colorado Court of Appeals: Statutory “First Petition Filed with the Court” Language Does Not Encompass Later Additions

The Colorado Court of Appeals issued its opinion in People in Interest of I.S. on Thursday, December 14, 2017.

Juvenile—Sex Offender Registration—Exemption—C.R.S. § 16-22-103.

I.S., a juvenile, was originally charged in a delinquency petition with three felony counts of sexual assault on a child. Under a plea deal, the prosecution added a fourth misdemeanor count of unlawful sexual contact to its petition, to which I.S. pleaded guilty in return for the three felony counts being dismissed. At sentencing, I.S. argued that because the prosecution had added a misdemeanor offense to the first petition instead of filing a second petition, his misdemeanor offense had been charged in the first petition as required by C.R.S. § 16-22-103(5)(a)(III) and he was thus exempt from registering as a sex offender. Because the first petition filed with the court charged I.S. with the three felony counts of sexual assault on a child and not the misdemeanor, the district court ruled that I.S. must register as a sex offender.

On appeal, I.S. contended that the court erred in denying his request for exemption from sex offender registration. Under C.R.S. § 16-22-103(5)(a), a court may exempt a person from registering as a sex offender when five criteria are met, including the requirement that the first petition filed with the court must charge a misdemeanor offense of either unlawful sexual contact or indecent exposure. The “first petition filed with the court” does not encompass later amendments to that petition. Because the original petition in this case did not charge a misdemeanor offense of either unlawful sexual contact or indecent exposure, I.S. is not eligible for relief under this statute and must register as a sex offender.

The order was affirmed.

Summary provided courtesy of Colorado Lawyer.