North Dakota Code 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:
Terms Used In North Dakota Code 12.1-41-12
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Individual: means a human being. See North Dakota Code 1-01-49
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
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.