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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Strafford No. 2008-664 THE STATE OF NEW HAMPSHIRE v. RONALD MCKEOWN Argued: April 16, 2009 Opinion Issued: December 4, 2009 Kelly A. Ayotte, attorney general (Ann M. Rice, associate attorney general, on the brief and orally), for the State. Stephanie Hausman, assistant appellate defender, of Concord, on the brief and orally, for the defendant. DALIANIS, J. The State appeals an order of the Superior Court (Fauver, J.) granting the motion of the defendant, Ronald McKeown, to dismiss two indictments against him for felony failure to report as a sexual offender. See RSA 651-B:4 (2007), :5 (Supp. 2008) (amended 2007). We affirm. The record evidences the following facts. On April 15, 1997, the defendant pled guilty to two counts of misdemeanor sexual assault. See RSA 632-A:4 (1996) (currently codified as RSA 632-A:4, I(a) (Supp. 2008)). Both indictments alleged that, on February 20, 1996, when he was sixteen years old,

the defendant purposely engaged in sexual contact with the fifteen-year-old victim. Pursuant to RSA 651-B:6, II (1998), the defendant was required to register as a sexual offender for ten years. During the course of this registration period, however, RSA 651-B:6, III (Supp. 2004) (amended 2005, 2006, 2008) was amended to require lifetime registration by certain sexual offenders. See Laws 1999, 177:5. In 2007, the defendant was charged with two counts of failing to report as a sexual offender. See RSA 651-B:4, :5. At that time, RSA 651-B:6, III mandated lifetime registration for any sexual offender who was required to register "as a result of a violation of more than one offense listed in RSA 651B:1, III or RSA 651-B:1, V." RSA 651-B:6, III (2007) (amended 2008). The defendant moved to dismiss the indictments on the ground that the lifetime registration requirement did not apply to him because his misdemeanor sexual assault convictions arose from a single criminal episode. He contended that because he was required to register for only ten years, and because this period had already expired, the indictments failed to allege a crime and had to be dismissed. The trial court agreed, and this appeal followed. On appeal, the parties dispute whether the defendant was required to register as a sexual offender for life, or only for ten years. Resolving this dispute requires that we interpret pertinent Criminal Code provisions. The interpretation of a statute is a question of law, which we decide de novo. State v. Brown, 155 N.H. 590, 591 (2007). In matters of statutory interpretation, we are the final arbiter of the intent of the legislature as expressed in the words of a statute considered as a whole. State v. Gallagher, 157 N.H. 421, 422 (2008). We construe the Criminal Code "according to the fair import of [its] terms and to promote justice." RSA 625:3 (2007). In doing so, we must first look to the plain language of the statute to determine legislative intent. State v. Formella, 158 N.H. 114, 116 (2008). Absent an ambiguity we will not look beyond the language of the statute to discern legislative intent. Id. Our goal is to apply statutes in light of the legislature's intent in enacting them, and in light of the policy sought to be advanced by the entire statutory scheme. State v. Lamy, 158 N.H. 511, 515 (2009). Accordingly, we interpret a statute in the context of the overall statutory scheme and not in isolation. Id. RSA 651-B:1, III(a) (2007) defines a sexual offender as "a person who is required to register as a result of any violation or attempted violation of" certain enumerated crimes. Misdemeanor sexual assault is one such crime. See RSA 651-B:1, III(a); RSA 632-A:4, I(a). A person is "required to register" if he "was charged with an [enumerated] offense . . . that resulted in . . . conviction." RSA 651-B:1, VII(a) (2007). Pursuant to RSA 651-B:6, III, "any sexual offender . . . who is required to register as a result of a violation of more than one offense listed in RSA 651-B:1, III . . . shall be registered for life."

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The State argues that by its plain language, RSA 651-B:6, III applies to the defendant because he was twice convicted of misdemeanor sexual assault. As misdemeanor sexual assault is an enumerated offense, see RSA 651-B:1, III, the State contends that the defendant violated "more than one" qualifying offense and, thus, must register for life. The defendant counters that the phrase "as a result of a violation of more than one offense" is ambiguous when applied to him because his convictions arose from a single criminal episode. He contends that we must, therefore, consult legislative history, which evinces legislative intent that the lifetime registration requirement does not apply to such offenders. RSA 651-B:12 (2007) resolves this issue. RSA 651-B:12 provides: "Whenever possible, the provisions of this chapter shall be interpreted and applied consistent with the provisions of the federal Jacob Wetterling Act, as amended." Passed in 1994, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (Act) "conditions certain Federal law enforcement funding on the States' adoption of sex offender registration laws and sets minimum standards for State programs." Smith v. Doe, 538 U.S. 84, 89-90 (2003). Pursuant to the Act, as amended by the Pam Lychner Sexual Offender Tracking and Identification Act of 1996, a person who is convicted of a criminal offense against a victim who is a minor is required to register for life if that person "has 1 or more prior convictions for [a qualifying] offense." 42 U.S.C.

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