(a) Except as otherwise provided in this section, any person who solicits another for the purpose of prostitution is guilty of a Class 1 misdemeanor for a first offense and a Class H felony for a second or subsequent offense. Any person 18 years of age or older who willfully solicits a minor for the purpose of prostitution is guilty of a Class G felony. Any person who willfully solicits a person who has a severe or profound mental disability for the purpose of prostitution is guilty of a Class E felony. Punishment under this section may include participation in a program devised for the education and prevention of sexual exploitation (i.e. “John School”), where available. A person who violates this subsection is not eligible for a disposition of prayer for judgment continued under any circumstances.

(b) Immunity From Prosecution for Minors. – Notwithstanding any other provision of this section, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is a minor who is soliciting as a prostitute, that person shall be immune from prosecution under this section and instead shall be taken into temporary protective custody as an undisciplined juvenile pursuant to Article 19 of Chapter 7B of the N.C. Gen. Stat.. Pursuant to N.C. Gen. Stat. § 7B-301, a law enforcement officer who takes a minor into custody under this section shall immediately report an allegation of a violation of N.C. Gen. Stat. § 14-43.11 and N.C. Gen. Stat. § 14-43.13 to the director of the department of social services in the county where the minor resides or is found, as appropriate, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to N.C. Gen. Stat. § 7B-301 and N.C. Gen. Stat. § 7B-302 (2013-368, s. 5; 2015-183, s. 1; 2018-47, s. 4(e).)