North Dakota Supreme Court

State v. Berkley

July 17, 20252025 ND 134

Summary

The court held that the child-abuse registration statute permits a district court to deviate from requiring registration when the statutory findings are satisfied, even when the offender is the victim’s parent. The statutory exception for nonparent offenders applies to kidnapping and felonious restraint, not to the separate prostitution offense, and does not make registration mandatory for every parent convicted of a crime against a child. The court reversed the criminal judgment and remanded for reconsideration of registration under the correct interpretation.