North Carolina Department of Justice
North Carolina Department of Justice
North Carolina Department of Justice
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September 19, 1977 Statutory Construction: Imprisonment for a period of months construed to mean imprisonment for periods of thirty (30) days

Subject:

 

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