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To: CharacterCounts

For what it's worth: The Colorado registration statute...

(b) A person shall be deemed to have been convicted of unlawful sexual behavior if he or she is convicted of one or more of the offenses specified in section 16-22-102 (9), or of attempt, solicitation, or conspiracy to commit one or more of the offenses specified in said section.

(c) (I) For convictions entered on or after July 1, 2002, a person shall be deemed to be convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, if:

(A) The person is convicted of an offense that requires proof of unlawful sexual behavior as an element of the offense; or

(B) The person is convicted of an offense and is eligible for and receives an enhanced sentence based on a circumstance that requires proof of unlawful sexual behavior; or

(C) The person was originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of this subparagraph (I), the person pleads guilty to an offense that does not constitute unlawful sexual behavior, and, as part of the plea agreement, the person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior; or

(D) The person was charged with and convicted of an offense that does not constitute unlawful sexual behavior and the person admits on the record, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense involved unlawful sexual behavior.

(II) If a person is originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (c), the court may accept a plea agreement to an offense that does not constitute unlawful sexual behavior only if:

(A) The district attorney stipulates that the underlying factual basis of the offense to which the person is pleading guilty does not involve unlawful sexual behavior; or

(B) The person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior.

(III) The advisement provided for purposes of this paragraph (c), in addition to meeting the requirements of the Colorado rules of criminal procedure, shall advise the person that admitting that the underlying factual basis of the offense to which the person is pleading or of which the person is convicted involves unlawful sexual behavior will have the collateral result of making the person subject to the requirements of this article. Notwithstanding any provision of this paragraph (c) to the contrary, failure to advise a person pursuant to the provisions of this subparagraph (III) shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the defendant had actual notice of the duty to register.


252 posted on 08/04/2004 1:10:12 PM PDT by ArmstedFragg
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To: ArmstedFragg

that law stinks if I understand it correctly. It all boils down to if one was ever charged with a serious crime, they must register.


255 posted on 08/04/2004 1:12:52 PM PDT by fooman (Get real with Kim Jung Mentally Ill about proliferation)
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To: ArmstedFragg

Looks like (C) covers it, right?


259 posted on 08/04/2004 1:15:44 PM PDT by Howlin (Saving Private Hamster)
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To: ArmstedFragg; fooman

Colorado has some of the most draconian rape laws I have ever seen.

I saw this show on A&E about it; even if Kobe had gotten probation agreed to by the DA, he would have had to have undergone a penile plethysmograph test where they took him into a room and put him in a chair like a dentist chair and hook him up to this device like a lie detector, only it's on his penis.

Then they would show him movies of people having sex, women have sex, all the while listening to women talking about being raped; if he so much as got a hard on, the judge could revoke his probation and send him immediately to jail, regardless of what the DA had agreed to.

Now just imagine a guy his age NOT getting one!


266 posted on 08/04/2004 1:19:59 PM PDT by Howlin (Saving Private Hamster)
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