Colo. Rev. Stat. § 16-22-102

Current through 11/5/2024 election

Section 16-22-102 - Definitions

As used in this article 22, unless the context otherwise requires:

(1) "Adjudicated" or "adjudication" means a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that a juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, "adjudication" means conviction.

(1.5) "Birthday" means a person's birthday as reflected on the notice provided to the person pursuant to section 16-22-106 or 16-22-107 or the person's actual date of birth if the notice does not reflect the person's birthday.

(2) "CBI" means the Colorado bureau of investigation established pursuant to part 4 of article 33.5 of title 24, C.R.S.

(3) "Convicted" or "conviction" means having received a verdict of guilty by a judge or jury, having pleaded guilty or nolo contendere, having received a disposition as a juvenile, having been adjudicated a juvenile delinquent, or having received a deferred judgment and sentence or a deferred adjudication.

(3.5) "Employed at an institution of postsecondary education" means a person:

(a) Is employed by or is an independent contractor with an institution of postsecondary education or is employed by or is an independent contractor with an entity that contracts with an institution of postsecondary education; and

(b) Spends any period of time in furtherance of the employment or independent contractor relationship on the campus of the postsecondary institution or at a site that is owned or leased by the postsecondary institution.

(4) "Immediate family" means a person's spouse, parent, grandparent, sibling, or child.

(4.2) "Juvenile" means a person who is under eighteen years of age at the time of the offense and who has not been criminally convicted in the district court of unlawful sexual behavior pursuant to section 19-2.5-801 or 19-2.5-802.

(4.3)

(a) "Lacks a fixed residence" means that a person does not have a living situation that meets the definition of "residence" pursuant to subsection (5.7) of this section. "Lacks a fixed residence" may include, but need not be limited to, outdoor sleeping locations or any public or private locations not designed as traditional living accommodations. "Lacks a fixed residence" may also include temporary public or private housing or temporary shelter facilities, residential treatment facilities, or any other residential program or facility if the person remains at the location for less than fourteen days.

(b) "Lacks a fixed residence" also includes a person who is registered in any jurisdiction if the person:

(I) Ceases to reside at an address in that jurisdiction; and

(II) Fails to register:

(A) A change of address in the same jurisdiction; or

(B) In a new jurisdiction pursuant to section 16-22-108 (4); or

(C) Pursuant to section 16-22-108 (3).

(4.5) "Local law enforcement agency" means the law enforcement agency, including but not limited to a campus police agency, that has jurisdiction over a certain geographic area.

(5) "Register" and "registration" include initial registration pursuant to section 16-22-104, and registration, confirmation of registration, and reregistration, as required in section 16-22-108.

(5.5) "Registrant" means a person who is required to register in accordance with this article.

(5.7) "Residence" means a place or dwelling that is used, intended to be used, or usually used for habitation by a person who is required to register pursuant to section 16-22-103. "Residence" may include, but need not be limited to, a temporary shelter or institution, if the person resides at the temporary shelter or institution for fourteen consecutive days or longer, if the owner of the shelter or institution consents to the person utilizing the shelter or institution as his or her registered address as required by section 16-22-106 (4) or 16-22-107 (4)(a), and if the residence of the person at the shelter or institution can be verified as required by section 16-22-109 (3.5). A person may establish multiple residences by residing in more than one place or dwelling.

(5.8) "Resides" includes residence and lacks a fixed residence.

(6) "Sex offender registry" means the Colorado sex offender registry created and maintained by the CBI pursuant to section 16-22-110.

(7) "Sexually violent predator" means a person who is found to be a sexually violent predator pursuant to section 18-3-414.5, C.R.S.

(8) "Temporary resident" means a person who is a resident of another state but in Colorado temporarily because the person is:

(a) Employed in this state on a full-time or part-time basis, with or without compensation, for more than fourteen consecutive business days or for an aggregate period of more than thirty days in any calendar year; or

(b) Enrolled in any type of educational institution in this state on a full-time or part-time basis; or

(c) Present in Colorado for more than fourteen consecutive business days or for an aggregate period of more than thirty days in a calendar year for any purpose, including but not limited to vacation, travel, or retirement.

(9) "Unlawful sexual behavior" means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

(a)

(I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

(c)

(I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;

(h) Incest, in violation of section 18-6-301, C.R.S.;

(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;

(j.5) Human trafficking for sexual servitude, as described in section 18-3-504 (1);

(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;

(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;

(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;

(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;

(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;

(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;

(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;

(u) Engaging in sexual conduct in a correctional institution, in violation of section 18-7-701, C.R.S.;

(v) Wholesale promotion of obscenity to a minor, in violation of section 18-7-102 (1.5), C.R.S.;

(w) Promotion of obscenity to a minor, in violation of section 18-7-102 (2.5), C.R.S.;

(x) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3), C.R.S.;

(y) Internet sexual exploitation of a child, in violation of section 18-3-405.4, C.R.S.;

(z) Public indecency, committed in violation of section 18-7-301 (2)(b), C.R.S., if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;

(aa) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6;

(bb) Second degree kidnapping, if committed in violation of section 18-3-302 (3)(a);

(cc) Unlawful electronic sexual communication, in violation of section 18-3-418; or

(dd) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.

C.R.S. § 16-22-102

Amended by 2022 Ch. 421, § 27, eff. 8/10/2022.

Amended by 2021 Ch. 320, § 1, eff. 9/1/2021.

Amended by 2019 Ch. 287, § 3, eff. 7/1/2019.

Amended by 2019 Ch. 145, § 3, eff. 7/1/2019.

Amended by 2017 Ch. 250, § 3, eff. 9/1/2017.

Amended by 2014 Ch. 282, § 13, eff. 7/1/2014.

L. 2002: Entire article added, p. 1157, § 1, effective July 1. L. 2004: (9)(v) and (9)(w) added, p. 800, § 1, effective May 21; (3.5), (4.5), (5.5), and (5.7) added and (8) amended, p. 1107, § 1, effective May 27. L. 2006: (5.7) amended, p. 1006, § 3, effective July 1; (9)(x) and (9)(y) added, p. 2054, § 2, effective July 1. L. 2010: (9)(j) amended, (SB 10-140), ch. 537, p. 537, § 6, effective April 21; (9)(u) amended, (HB 10-1277), ch. 1190, p. 1190, § 2, effective July 1; (9)(x) and (9)(y) amended and (9)(z) added, (HB 10-1334), ch. 359, p. 1708, § 3, effective August 11; (9)(x) and (9)(y) amended and (9)(aa) added, (SB 10-128), ch. 2047, p. 2047, § 8, effective 7/1/2012. L. 2011: (9)(bb) added, (HB 11-1278), ch. 960, p. 960, § 3, effective May 27. L. 2012: (4.3) and (5.8) added and (5.7) amended, (HB 12-1346), ch. 940, p. 940, § 1, effective July 1. L. 2014: (9)(j) amended, (HB 14-1273), ch. 1153, p. 1153, § 13, effective July 1. L. 2017: IP amended and (9)(j.5) added, (HB 17-1072), ch. 1050, p. 1050, § 3, effective September 1. L. 2019: (9)(aa) and (9)(bb) amended and (9)(cc) added, (HB 19-1030), ch. 1760, p. 1760, § 3, effective July 1; (9)(aa) and (9)(bb) amended and (9)(dd) added, (HB 19-1250), ch. 2663, p. 2663, § 3, effective July 1. L. 2021: (1) amended and (1.5) and (4.2) added, (HB 21-1064), ch. 1961, p. 1961, § 1, effective September 1.

(1) Section 3 of chapter 145 (HB 19-1030), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after July 1, 2019.

(2) Section 3 of chapter 287 (HB 19-1250), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after July 1, 2019.

2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).