In re Stanley v. District Attorney for the 18th Judicial District

Citations

• 2017 COA 33
• 395 P.3d 1198
• 2017 WL 929256
• 2017 Colo. App. LEXIS 263

Syllabus

Sex Offender Registration—California Conviction. In 2001, Stanley was convicted and sentenced in California of \unlawful sexual intercourse with [a] person under 18.\ Stanley successfully completed his California probation and his conviction was eventually reduced to a misdemeanor. In 2014, the California Department of Justice notified Stanley that his statutory requirement to register as a sex offender under the California Penal Code had been terminated. In 2015, Stanley filed a petition to discontinue his sex offender registration in the Arapahoe County District Court for a non-Colorado conviction under CRS § 16-22-113. Stanley, who resided in California but had family in Colorado that he wanted to visit with in Colorado for potentially long periods of time, recognized that travel would result in him being considered a temporary resident of Colorado for purposes of sex offender registration. The district court denied the petition, concluding as a matter of law that Stanley was ineligible for relief under CRS § 16-22-113(3) because his crime, if committed in Colorado, would have been a violation of CRS § 18-3-402 and consequently required lifetime sex offender registration. On appeal, Stanley argued that the district court erred as a matter of law in interpreting CRS § 16-22-113(3). He conceded that if committed in Colorado, his offense would have been a violation of CRS § 18-3-402(1)(e), which is a class 1 misdemeanor and an extraordinary risk crime. The Court of Appeals concluded that the plain language of CRS § 16-22-113(3) precludes Stanley, as a matter of law, from discontinuing his sex offender registration in Colorado. The order was affirmed.