North Dakota § 12.1-41-12 Immunity of minor

North Dakota Statutes

§ 12.1-41-12 — Immunity of minor

North Dakota § 12.1-41-12

Title 12.1Criminal Code

Ch. 12.1-41Uniform Act on Prevention of and Remedies for Human Trafficking

This text of North Dakota § 12.1-41-12 (Immunity of minor) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-41-12 (2026).

Text

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

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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.