(1) A person who is required to register pursuant to article 22 of title 16, C.R.S. , and who lacks a fixed residence, as defined in that article, and who fails to comply with the provisions of section 16-22-109(3.5)(c)(I) or 16-22-109(3.5)(c)(II), C.R.S ., commits the offense of failure to verify location as a sex offender.
(2)(a) In a prosecution for a violation of this section, it is an affirmative defense that:
(I) Uncontrollable circumstances prevented the person from complying; and
(II) The person did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and
(III) The person complied as soon as the circumstances ceased to exist.
(b) In order to assert the affirmative defense pursuant to this subsection (2), the defendant shall provide notice to the prosecuting attorney as soon as practicable, but not later than thirty days prior to trial, of his or her notice of intent to rely upon the affirmative defense. The notice shall include a description of the uncontrollable circumstance or circumstances and the dates that the uncontrollable circumstances began and ceased to exist in addition to the names and addresses of any witnesses the defendant plans to call to support the affirmative defense. The prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute the affirmative defense as soon as practicable after their names become known. Upon the request of the prosecution, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute sufficient evidence to support submission to the jury.
(3) Failure to verify location as a sex offender is an unclassified misdemeanor punishable by a sentence of up to thirty days in the county jail; except that a third or subsequent violation of this section is an unclassified misdemeanor punishable by up to one year in the county jail.
(4) Failure to verify location as a sex offender is not a sexual offense subject to the provisions of sections 16-11.7-104 and 16-11.7-105, C.R.S ., and, notwithstanding any other provision of law to the contrary, offenders convicted of a violation of this section are not eligible for probation pursuant to part 2 of article 1.3 of this title.
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