Source: coloradopolitics.com 10/31/25
Members of the Colorado Supreme Court appeared wary last week of deeming lifetime sex offender registration “punishment,” even as they heard about the inescapable consequences for a person’s liberty and privacy.
Under Colorado law, “sexually violent predators” are subject to lifetime sex offender registration. To qualify, they must be 18 years or older, convicted of certain offenses, commit the offense against certain types of people and, finally, be “likely to subsequently commit one or more” sexual offenses.
Although the legislature has not deemed lifetime registration to be “punishment,” Colorado’s justices wondered during the Oct. 22 oral arguments whether it nonetheless bears hallmarks of punishment — and, therefore, whether it could be cruel and unusual punishment.
“No opportunity to get off the registry. Got to show up in person (four) times a year. There are fairly significant consequences here, and I question whether that matches to the non-punitive purpose,” said Justice Richard L. Gabriel.
“Don’t you think part of the problem,” asked Justice Brian D. Boatright, “is that it’s called ‘sexually violent predator?’ And violence really has nothing to do with how someone becomes — or should not enter into how someone is designated as — a sexually violent predator.”
Assistant Attorney General Jaycey DeHoyos acknowledged the label “can be misleading. It can cause that sort of panic.”
Timothy ______ pleaded guilty in Jefferson County to attempted sexual assault and distributing drugs to a minor. He did not have any prior sex crimes on his record, but a trial judge imposed lifetime registration on him.
Timothy argued the label amounted to cruel and unusual punishment in violation of …
If Lifetime Registry and 4 times a year in person registration is deemed “cruel and unusual punishment”, then ANY registry and in person reporting is also punishment. Whether you go to jail for one month, one year or for life, it is ALL punishment, The duration of how long or how often one must register is irrelevant. It is punishment regardless.
Reading the article, makes me think the same court but looking at the CA Tiered registry, would not have a problem deeming much of Tier 3 as punishment given the sort of offenses it currently lists. Given that they seem to believe [question] the plaintiff’s offense might be not severe enough to be lifetime, that would put a whole lot of CA’s Tier 3’s at or below what this man did. Especially when “no priors” seems to a significant factor in this.
As someone who was a putative “Tier one” for 25 years, moved to Tier 3 in 2021, by the CA Legislature, yeah, it’s punishment. Emotionally, physically, and financially. Ruined the neighborhood peace and also punished all the neighbors and landlord/investors around me. I hope to bring the real estate investor — with whom I share a garage — to the next lobby day. He has a lot to say.
Like to remind the forum, this was similarly challenged in the 2020 Millard v. Camper (Justia US Law) (also known as Millard v. Sloan) (see also Millard v Rankin) when the 10th CCOA overturned the lower court case where it did not find in the way we would’ve liked in favor of the PFR by saying the SORA is punishment and in violation of 8A (Punishment, not SDB). You can find more about that case online and I am sure @ACSOL has it still available to read more through the search function above. The late great Judge Matsch knew what he was talking about when he opined for the PFR in the lower court.
This case outcome will be persuasive at best for the nation. If the justices agree the tools and method are skewed incorrectly to label PFR, they could force the state to reevaluate their tools and methods to more correctly assess one who has been convicted of a sex crime. As well as saying it is punishment, which it is (we know) and society deems appropriate to do against their fellow humans, then the floodgates would open to other litigation but justices shouldn’t be afraid of that if the initial error is so egregious, as this is. Opening up the courts to the people to seek redress and correction is not a problem for the people who pay for the courts to operate. Workload is not a valid excuse to find a case in another way, the incorrect way.
Not being able to visit another state longer than 5-14 days after been removed from the registry is definitely life time punishment.
One point that stands out (and I’ve heard the same thing in other cases) is that the registry simply disseminated public information. That is not correct. In fact, if that was true, there wouldn’t be a need to have a registry. The registry would be a repository of offenses. But that’s it. It would not contain all of your housing, picture, work, phone etc.. current personal information was not part of the offense record. That’s the crux of this. If you committed an offense and moved elsewhere, your offense would not appear in the new place. I think that distinction is very important.
The District of Columbia Court of Appeals (DCCOA) judged the registry was a severe penalty that it should induce the 6th amendment (right to jury) in Fallen v US, 2023. And bypassing the right to jury was unconstitutional, iirc.
Probably could use the same argument in Fallen v US, 2023 for this case in Colorado.
I’m based in Colorado, and this case could have major implications for me personally. I’m not classified as a sexually violent predator (SVP), but as the judge noted in this recent matter, the punishment doesn’t match the crime — and my conviction was significantly less severe than the one being reviewed.
Colorado has a statute dating back to 2002 that states if you have “more than one conviction” for any sex offense, you’re permanently barred from petitioning for removal from the registry. This doesn’t require two separate incidents — even one felony and one misdemeanor, or two misdemeanors, triggers lifetime registration.
My case is currently in appeals. We’re trying to distinguish it from the 2015 Atencio ruling, which upheld the statute. Our chances are slim — maybe 10% — but with the current Supreme Court case and the comments from the justices, there’s a glimmer of hope. We expect to hear more within the next 6–9 months, both on my appeal and the Supreme Court’s decision.
Unfortunately, the issue of disproportionate punishment wasn’t raised in my district court, so it can’t be used in appeals. We’d have to go back to district court — which I’m fully prepared to do.
For those wondering, I’ve already spent over $30,000 in legal fees. As my attorney put it, if we don’t try, it guarantees I’ll be on the registry for life. That was before this Supreme Court case even surfaced. We started this fight 1.5 years ago. I have no idea how I’ll pay him, but I will. I’ve reached out to NARSOL and the ACLU for help — both declined.
Lifetime registration, labeled a sexually violent predator, in person reporting 4 times a year, and it’s not punishment. I’m not a judge but I can clearly see that lifetime registration is punishment and it’s time for judges to rule on the Constitution/laws and not feelings. F your feelings and your myths
Any registration is punishment plain and simple…and to drive it into the brains of those that say it isn’t punishment state that it is punishment for the entire registrant’s family, especially their mothers.