North Carolina § 14-205 - 1. Solicitation of prostitution.

§ 14-205. 1. Solicitation of prostitution.

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. 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 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. History (2013-368, s. 5; 2015-183, s. 1; 2018-47, s. 4(e).) Editor's Note. - Session Laws 2015-183, s. 2, made the rewriting of subsection (a) and the addition of subsection (b) by Session Laws 2015-183, s. 1, applicable to violations occurring on or after August 5, 2015. Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the amendment of this section by Session Laws 2018-47, s. 4(e), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2015-183, s. 1, effective August 5, 2015, designated the existing language as subsection (a); and added subsection (b). For applicability, see editor's note. Session Laws 2018-47, s. 4(e), in subsection (a), substituted "has a severe or profound mental disability" for "is severely or profoundly mentally disabled," and "is not" for "shall not be"; and deleted "the provisions of" preceding "G.S. 7B-301" in subsection (b). For effective date and applicability, see editor's note.