12.1-41-12. Immunity of minor

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.