State v. Nastrom

2008 ND 110, 750 N.W.2d 432, 2008 N.D. LEXIS 106, 2008 WL 2278931
CourtNorth Dakota Supreme Court
DecidedJune 5, 2008
Docket20070306
StatusPublished
Cited by5 cases

This text of 2008 ND 110 (State v. Nastrom) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Nastrom, 2008 ND 110, 750 N.W.2d 432, 2008 N.D. LEXIS 106, 2008 WL 2278931 (N.D. 2008).

Opinions

SANDSTROM, Justice.

[¶ 1] Ned William Nastrom, Jr., appeals from a criminal judgment for willful failure to pay child support entered after a conditional guilty plea. Nastrom argues the felony prosecution was barred by a three-year statute of limitations. We hold the criminal prosecution is not barred by the statute of limitations because it was brought within three years of a court order for Nastrom to pay child support ar-rearages. We affirm.

I

[¶ 2] In June 1983, Nastrom was adjudged to be the father of a child born in 1982, and Nastrom was ordered to pay $150 per month in child support until the child turned 18 or was otherwise emancipated. On February 9, 2007, the State charged Nastrom with a class C felony under N.D.C.C. § 12.1-37-01(1) for willful failure to pay child support, alleging that between February 10, 2004, and February 9, 2007, Nastrom willfully failed to pay child support in an amount ordered by a court or other governmental agency in an amount greater than $2,000. An affidavit by an attorney for the Regional Child Support Enforcement Unit stated that: (1) between January 31, 2004, and April 30, 2006, Nastrom had been ordered to pay $200 per month for child support and had failed to make any payments during 22 of those months; (2) between May 1, 2006, and February 5, 2007, Nastrom had been ordered to pay $360 per month for child support and had failed to make any payment during four of those months; (3) between January 31, 2004, and February 5, 2007, Nastrom had been ordered to pay a total of $9,200, but had paid only $3,840; and (4) as of February 5, 2007, Nastrom’s child support balance was $27,026.27.

[¶ 3] Nastrom moved to dismiss the criminal prosecution, claiming it was begun more than three years after the commission of the offense and was barred by the three-year statute of limitations for a felony. The State resisted Nastrom’s motion, asserting the action was not barred by the statute of limitations, because valid court orders for Nastrom to pay child support arrearages for past due support had been entered within three years from the beginning of the criminal action on February 9, 2007. The State provided the district court with copies of the original June 1983 [434]*434judgment; a December 11, 2003, court order for Nastrom to pay $200 per month toward his arrearages; an April 15, 2004, court order finding Nastrom in contempt and ordering him to continue paying $200 per month toward his arrearages; and a March 30, 2006, court order finding Nas-trom in contempt and ordering him to pay $360 toward his arrearages.

[¶ 4] The district court denied Nas-trom’s motion to dismiss, concluding “child support arrearages” were considered the same as “child support” for purposes of N.D.C.C. § 12.1-37-01. The court decided the criminal prosecution against Nastrom was not barred by the three-year statute of limitations, because there were numerous orders for him to pay child support arrearages within three years from the beginning of the action on February 9, 2007. Nastrom entered a conditional guilty plea under N.D.R.Crim.P. 11(a)(2), reserving his right to appeal and seek review of the denial of his motion to dismiss.

[¶ 5] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. § 27-05-06. Nastrom’s appeal is timely under N.D.R.App.P. 4(b). This Court has jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. § 29-28-06.

II

[¶ 6] Nastrom argues the three-year statute of limitations for felonies in N.D.C.C. § 29-04-02 bars this action because the commission of the offense was when the child turned 18 in February 2000, and the action was not begun until February 9, 2007. He claims the plain and unambiguous definition of child support in N.D.C.C. § 14-09-09.10(3), which is incorporated into N.D.C.C. § 12.1-37-01, does not include child support arrearages for past due support. He argues the district court failed to follow Fuson v. Schaible, 494 N.W.2d 593, 599 (N.D.1992), in which a majority of this Court held the statute of limitations for civil child support enforcement proceedings begins when the obligation terminates. He argues that under Fuson and the plain language of N.D.C.C. §§ 29-04-02 and 12.1-37-01, the prosecution is barred by the statute of limitations. The State responds that child support includes child support arrearages under N.D.C.C. § 12.1-37-01 and that this action is not barred by the three-year statute of limitations because there were court orders for payments of arrearages between February 10, 2004, and February 9, 2007, which were within the three-year statute of limitations for a felony prosecution for willful failure to pay child support.

[¶ 7] Section 29-04-02, N.D.C.C., provides that “[ejxcept as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission.” Nas-trom was charged with willful failure to pay child support under N.D.C.C. § 12.1-37-01(1), which states that “[a] person is guilty of an offense if the person willfully fails to pay child support in an amount ordered by a court or other governmental agency having authority to issue the orders.” For purposes of N.D.C.C. § 12.1-37-01, “child support has the meaning provided in section 14-09-09.10.” N.D.C.C. § 12.1-37-01(5). Section 14-09-09.10(3), N.D.C.C., defines “child support” as:

payments for the support of children, including payments for health insurance coverage or other medical support, and combined payments for the support of children and spouses or former spouses, however denominated, if the payment is required by the order of a court or other governmental agency having authority to issue such orders.

[435]*435[¶8] The issue in this case involves when Nastrom committed the alleged offense of willful failure to pay child support within the meaning of N.D.C.C. §§ 29-04-02 and 12.1-37-01 and turns on whether “child support in an amount ordered by a court” means only orders for current support or includes orders for ar-rearages. The interpretation of a statute is a question of law, fully reviewable on appeal. Sauby v. City of Fargo, 2008 ND 60, ¶ 8, 747 N.W.2d 65; State v. Skarsgard, 2007 ND 159, ¶5, 740 N.W.2d 64. Our primary goal in interpreting a statute is to ascertain legislative intent. Sauby, at ¶ 8; Skarsgard, at ¶ 5. We first seek to ascertain the meaning of a statute from the language itself, giving the words in the statute their plain, ordinary, and commonly understood meaning, unless defined by statute. N.D.C.C. § 1-02-02; Skarsgard, at ¶ 5. Statutes are construed as a whole to harmonize them and give meaning to related provisions. N.D.C.C. § 1-02-07; Sau-by, at ¶ 8. When a statute is ambiguous because it is susceptible to differing but rational meanings, we may consider extrinsic aids to ascertain intention of the legislation. See N.D.C.C. § 1-02-39; State v. Buchholz, 2005 ND 30, ¶6, 692 N.W.2d 105. In construing statutes of limitations, we are also guided by the principle that statutes of limitation are construed liberally in favor of the accused and against the prosecution. State v. Hersch, 445 N.W.2d 626, 631 (N.D.1989).

[¶ 9] The plain language of N.D.C.C.

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State v. Nastrom
2008 ND 110 (North Dakota Supreme Court, 2008)

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Bluebook (online)
2008 ND 110, 750 N.W.2d 432, 2008 N.D. LEXIS 106, 2008 WL 2278931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nastrom-nd-2008.