September 19, 1977 Statutory Construction: Imprisonment for a period of months construed to mean imprisonment for periods of thirty (30) days
Requested By: Honorable John S. Gardner, District Court Judge, 16th Judicial District Lumberton, North Carolina
Question: Whether a sentence of imprisonment for a period of months should be construed as a sentence for a period of "calendar months?"
Conclusion: No. Thirty (30) days is a month for imprisonment purposes under G.S. 12-3(12)
G.S. 12-3(12) specifically provides that the words "imprisonment for one month," wherever used in any of the statutes, shall be construed to mean "imprisonment for thirty (30) days."" Therefore, where a statute provides for a term of imprisonment not to exceed a certain number of "months," the "months" are to be construed as periods of thirty (30) days.
Rufus L. Edmisten Attorney General
Ben G. Irons, II Associate Attorney