GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2015-183

HOUSE BILL 134

AN ACT to provide that a minor who is soliciting as a prostitute is immune from prosecution for the offense of solicitation of prostitution.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑205.1 reads as rewritten:

"§ 14‑205.1.  Solicitation of prostitution.

(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 is severely or profoundly mentally disabled 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 shall not be 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 General Statutes. Pursuant to the provisions of G.S. 7B‑301, a law enforcement officer who takes a minor into custody under this section shall immediately report an allegation of a violation of G.S. 14‑43.11 and G.S. 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 G.S. 7B‑301 and G.S. 7B‑302."

SECTION 2.  This act is effective when it becomes law and applies to violations occurring on or after that date.

In the General Assembly read three times and ratified this the 29^th day of July, 2015.

                                                              s/ Philip E. Berger

                                                                  President Pro Tempore of the Senate

                                                              s/ Paul Stam

                                                                  Speaker Pro Tempore of the House of Representatives

                                                              s/ Pat McCrory

                                                                  Governor

Approved 3:06 p.m. this 5^th day of August, 2015