| − | {{cquote|Turning to the rule of lenity, and assuming arguendo that the relevant statute is ambiguous, we now consider whether that "ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity." Rewis v. United States, 401 U.S. 808, 812, 91 S. Ct. 1056, 28 L. Ed. 2d 493 (1971) (citation omitted). We conclude [**47] that the rule of lenity applies if the statute is ambiguous. We recognize that courts have considered two standards for whether a statute is sufficiently ambiguous to trigger the rule of lenity. One standard asks whether there is a "reasonable doubt" as to the statute's meaning. See Reading Law at 299 (quoting Moskal v. United States, 498 U.S. 103, 108, 111 S. Ct. 461, 112 L. Ed. 2d 449 (1990)). The other inquires whether there is a "grievous ambiguity" in the statute. See, e.g., Chapman v. United States, 500 U.S. 453, 463, 111 S. Ct. 1919, 114 L. Ed. 2d 524 (1991) (quoting Huddleston v. United States, 415 U.S. 814, 831, 94 S. Ct. 1262, 39 L. Ed. 2d 782 (1974)). The Supreme Court does not appear to have decided which of these standards governs the rule of lenity. See Wooden v. United States, 142 S. Ct. 1063, 1075, 212 L. Ed. 2d 187 (2022) (Kavanaugh, J., concurring) (arguing in favor of the grievous-ambiguity standard); id. at 142 S. Ct. at 1084 (Gorsuch, J., concurring in the judgment) (arguing in favor of the reasonable-doubt standard).}} | + | {{cquote|Turning to the rule of lenity, and assuming arguendo that the relevant statute is ambiguous, we now consider whether that "ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity." Rewis v. United States, 401 U.S. 808, 812, 91 S. Ct. 1056, 28 L. Ed. 2d 493 (1971) (citation omitted). We conclude that the rule of lenity applies if the statute is ambiguous. We recognize that courts have considered two standards for whether a statute is sufficiently ambiguous to trigger the rule of lenity. One standard asks whether there is a "reasonable doubt" as to the statute's meaning. See Reading Law at 299 (quoting Moskal v. United States, 498 U.S. 103, 108, 111 S. Ct. 461, 112 L. Ed. 2d 449 (1990)). The other inquires whether there is a "grievous ambiguity" in the statute. See, e.g., Chapman v. United States, 500 U.S. 453, 463, 111 S. Ct. 1919, 114 L. Ed. 2d 524 (1991) (quoting Huddleston v. United States, 415 U.S. 814, 831, 94 S. Ct. 1262, 39 L. Ed. 2d 782 (1974)). The Supreme Court does not appear to have decided which of these standards governs the rule of lenity. See Wooden v. United States, 142 S. Ct. 1063, 1075, 212 L. Ed. 2d 187 (2022) (Kavanaugh, J., concurring) (arguing in favor of the grievous-ambiguity standard); id. at 142 S. Ct. at 1084 (Gorsuch, J., concurring in the judgment) (arguing in favor of the reasonable-doubt standard).}} |