Colorado § 16-22-105 - Notice - requirements - residence - presumption.

§ 16-22-105. Notice - requirements - residence - presumption.

(1) Any person who is required to register pursuant to section 16-22-103 shall receive notice of the duty to register as provided in section 16-22-106 or 16-22-107, whichever is applicable. Such notice shall inform the person of the duty to register, in the manner provided in section 16-22-108, with the local law enforcement agency of each jurisdiction in which the person resides. The notice shall inform the person that he or she has a duty to register with local law enforcement agencies in any state or other jurisdiction to which the person may move and that the CBI shall notify the agency responsible for registration in the new state as provided in section 16-22-108 (4). The notice shall also inform the person that, at the time the person registers, he or she must provide his or her date of birth, a current photograph, and a complete set of fingerprints.

(2) Failure of any person to sign the notice of duty to register, as required in sections 16-22-106 and 16-22-107, shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the person had actual notice of the duty to register.

(3) For purposes of this article, any person who is required to register pursuant to section 16-22-103 shall register in all jurisdictions in which he or she establishes a residence. A person establishes a residence through an intent to make any place or dwelling his or her residence. The prosecution may prove intent to establish residence by reference to hotel or motel receipts or a lease of real property, ownership of real property, proof the person accepted responsibility for utility bills, proof the person established a mailing address, or any other action demonstrating such intent. Notwithstanding the existence of any other evidence of intent, occupying or inhabiting any dwelling for more than fourteen days in any thirty-day period shall constitute the establishment of residence.

Source: L. 2002: Entire article added, p. 1163, § 1, effective July 1. L. 2004: (3) amended, p. 1110, § 4, effective May 27.

ANNOTATION

Annotator's note. Since § 16-22-105 is similar to § 18-3-412.5 as it existed prior to its 2002 repeal and reenactment, a relevant case construing that provision has been included in the annotations to this section.

The duty to register as a sex offender is not a direct consequence of the entry of a guilty plea and therefore need not be included in the advisement. The statutory duty to register as a sex offender in Colorado is only a collateral consequence of a defendant's guilty plea. Failure to advise defendant of the duty to register as a sex offender does not invalidate his guilty plea. People v. Montaine, 7 P.3d 1065 (Colo. App. 1999).

To establish a residence under subsection (3) requires a physical presence or occupancy at a location. An offender under the Colorado Sex Offender Registration Act is required to give notice of where he or she intends to reside upon release from custody, but is not required to register at an address solely based upon that intent. People v. Griffin, 397 P.3d 1086 (Colo. App. 2011).

There was sufficient evidence to support a finding that defendant intended to establish a new residence and was present at the residence. Defendant told his parole officer his new address was his new residence, and the parole officer observed defendant's belongings at the residence. People v. Foster, 2013 COA 85, 364 P.3d 1149.