N.D. Cent. Code § 12.1-41-12

Current through 2024 Legislative Session

Section 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.

N.D.C.C. § 12.1-41-12

Amended by S.L. 2021 , ch. 245( HB 1035 ), § 3, eff. 7/1/2021.

Added by S.L. 2015 , ch. 117( SB 2107 ), § 2, eff. 8/1/2015.