State v. Berkley

Citations

• 2025 ND 134

Syllabus

We interpret statutes to give meaning and effect to every word, phrase, and sentence, and do not adopt a construction which would render part of the statute mere surplusage. Our primary goal when interpreting statutes is to determine the Legislature's intended meaning. If, after applying our statutory and doctrinal canons, the plain or ordinary language suggests two plausible and rational meanings, then the statute is ambiguous. When a statute is ambiguous, we may consider extrinsic aids, including legislative history, along with the language of the statute, to understand the Legislature's intended meaning. Section 12.1-32-15(2), N.D.C.C., allows the court to deviate from the registration for \crimes against children\ if the court first finds the individual has not previously been convicted as a sexual offender or for a crime against a child, and the individual did not exhibit mental abnormality or predatory conduct in the commission of the offense, unless the offense is described in section 12.1-29-02, or the offense is described in section 12.1-18-01 or 12.1-18-02 and the person is not the parent of the victim. The phrase \and the person is not the parent of the victim\ applies to section 12.1-18-01 and 12.1-18-02, but not section 12.1-29-02.