§ 12.1-41-12 — Immunity of minor

1. If the individual was a minor at the time of the offense and committed the offense as a
direct result of being a victim, the individual is not criminally liable or subject to a
juvenile delinquency proceeding under chapter 27-20.4 for:
a. Prostitution under section 12.1-29-03;
b. Misdemeanor forgery under section 12.1-24-01;
c. Misdemeanor theft offenses under chapter 12.1-23;
d. Insufficient funds or credit offenses under section 6-08-16;
e. Manufacture or possession of a controlled or counterfeit substance offenses
under section 19-03.1-23; and
f. Drug paraphernalia offenses under chapter 19-03.4.
2. It is an affirmative defense to felony forgery, felony theft, and felony drug distribution
that the individual was a minor at the time of the offense and committed the offense as
a direct result of being a victim as defined by this chapter.
3. An individual who has engaged in commercial sexual activity is not criminally liable or
subject to a juvenile delinquency proceeding under chapter 27-20.4 for prostitution if
the individual was a minor at the time of the offense.
4. A minor who, under subsection 1 or 3, is not subject to criminal liability or a juvenile
delinquency proceeding is presumed to be a child in need of services under chapter
50-25.1.
5. This section does not apply in a prosecution or a juvenile delinquency proceeding for
patronizing a prostitute.