(a)  An individual is not criminally liable or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit a sexual act if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim.

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(b)  An individual who has engaged in commercial sexual activity is not criminally liable or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit a sexual act if the individual was a minor at the time of the offense.

(c)  A minor who under subsection (a) or (b) of this section is not subject to criminal liability or a delinquency proceeding in family court is presumed to be an abused and/or neglected child as defined in § 40-11-2.

(d)  This section does not apply in a prosecution or a delinquency proceeding for patronizing a prostitute.