Statutes of Limitations (SOL) is the time in which a lawsuit is initiated by an injured person or victim. In most cases, unless there is a special circumstance, the SOL begins to run from the date of the occurrence that caused the injury. Statutes of limitations are enacted by the legislature, which might extend or reduce time limits, based on certain restrictions.
According to the National Center for Victims of Crime, nearly every state has a basic suspension of the statute of limitation ("tolling") for civil actions while a person is a minor. Many states have also adopted additional extensions specifically for cases involving sexual abuse of children. Extensions for filing civil actions for child sexual abuse are most often based upon the discovery rule—by the time the victim discovers the sexual abuse or the relationship of the conduct to the injuries, the ordinary time limitation may have expired. This "delayed discovery" may be due to emotional and psychological trauma and is often accompanied by repression of the memory of abuse. Child victims frequently do not discover the relationship of their psychological injuries to the abuse until well into adulthood —usually during the course of psychological counseling or therapy. They may not even discover the fact of such abuse until they undergo such therapy.
For information on the State Criminal Statutes of Limitations, please visit the National Association for the Prosecution of Child Abuse statutes.
Statutes of Limitation| Alabama | Ala. Code § 6-2-38 | Alabama has no special statute of limitations. The Alabama Supreme Court has refused to adopt a discovery rule or any provision to repressed memory claims. Claims must be brought within two years of the date of the injury under Alabama Code § 6-2-38. | |
| Alaska | Alaska Stat. § 09.10.060. Alaska Stat. § 09.10.140. Alaska Stat. § 09.10.065. | Alaska has no statute of limitations for felony sexual abuse. However, under AS 09.10.065, a person may bring an action at any time for felony sexual abuse of a minor, or felony sexual assault. Also, Alaska has a delayed discovery/realization statute. AS § 09.10.140. Discovery is defined as when "the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition.". | |
| Arizona | Yes, Minority Tolling | Arizona does not have a special statute of limitations for childhood sexual abuse. However, in certain cases, it has applied it statutory minority and disability “unsound mind” (Arizona Statutes § 12-502) tolling provisions to the general tort statute (Arizona Statutes § 12-542) of limitations. | |
| Arkansas | Ark. Stat. Ann. § 16-56-130(a). | Yes | Arkansas civil claims must be filed within three years of the discovery of childhood sexual abuse. |
| California | Ca. Civ. Penal Code 803 (4) (A) Ca. Civ. Proc. Code § 340.1 | Yes | SB 813, Leyva. Sex offenses: statute of limitations. Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Under existing law, prosecution for the crimes of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, if committed against a victim who was under 18 years of age, may be commenced at any time prior to the victim’s 40th birthday. Existing law allows prosecution of an offense punishable by death or by imprisonment for life or for life without the possibility of parole, or for the embezzlement of public money, to be commenced at any time. This bill would allow the prosecution of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, that are
committed under certain circumstances, as specified, to be commenced at any time. The bill would apply to these crimes committed after Jan. 1, 2017, and to crimes for which the statute of limitations that was in effect prior to Jan. 1, 2017, has not run as of Jan. 1, 2017. This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 1088, which would become operative only if both bills are enacted and become effective on or before Jan. 1, 2017, and this bill is chaptered last. SEC. 3. Section 803 of the Penal Code is amended to read: (4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
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| Colorado | Colo. Rev. Stat. Ann. § 16-5-401 | Yes | Concerning extending the Criminal Statute of Limitations for sexual assault to 20 years. (a.7) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION PERTAINING TO SEX OFFENSES AGAINST CHILDREN AND EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPHS (a.3) AND (a.5) OF THIS SUBSECTION (8), THE PERIOD OF TIME DURING WHICH AN ADULT PERSON OR JUVENILE MAY BE PROSECUTED SHALL BE TWENTY YEARS AFTER THE COMMISSION OF THE OFFENSE OR DELINQUENT ACT AS TO ANY OFFENSE OR DELINQUENT ACT CHARGED AS A FELONY UNDER SECTION 18-3-402,C.R.S., OR AS CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT A FELONY UNDER SECTION 18-3-402, C.R.S. |
| Connecticut | Conn. Gen. Stat. § 52-577d | Yes | Connecticut has no common law discovery provision. The existing special statute allows action within 30 years from the date the victim reached the "age of majority." |
| Delaware | Del. Code tit. 10, § 8145 Del. Code tit. 10, § 8119 | Yes | Claims must be brought within 2 years from the date of the injury. Sb 29 (§8145) was introduced on Jan. 25, 2007. It is an act to amend title 10 of the Delaware Code by removing the statute of limitations for civil suits relating to child sexual abuse and adding related provisions regarding such suits. The bill, now chapter 102, was signed by the Governor July 10, 2007. |
| District of Columbia | D.C. Code § 12-301 D.C. Code § 12-302 (a)(1) | Yes | Claims must be brought within three years "from the time the right to maintain the action accrues." If the victim is a minor when the injury occurs, he or she may bring the action within three years of his or her 18th birthday. |
| Florida | Fla. Stat. § 95.11(7) House Bill 133, Chapter 2015-133 s. 775.15 Time limitations; general time limitations; exceptions. | Yes | Claims founded on alleged abuse, or incest, may be commenced at any time within seven years after the age of majority, or within four years after the injured person leaves the dependency of the abuser, or within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later. “For intentional torts based on abuse.” The bill provides that the act may be cited as the “43 Days Initiative Act.” It amends the statute of limitation law, s. 775.15, F.S., by extending the current statute of limitation time period for a first or second-degree felony sexual battery when the victim is 16 years of age or older and does not report the crime within 72 hours. The bill provides a statute of limitation of 8 years for these offenses instead of the previous 3 or 4 year time period. Under the bill, if a 16-year-old or older victim of second-degree felony sexual battery or an 18-year-old or older victim of first-degree felony sexual battery report the crime within 72 hours, current law is applicable and there is no time limitation for bringing a prosecution. The bill applies to any such offense except one already time-barred on or before July 1, 2015, meaning it applies retroactively to previously committed offenses as long as the statute of limitation has not run on these offenses prior to July 1, 2015. |
| Georgia | Ga. Code § 9-3-33.1 2015 House Bill 17, Act 97 Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 | Yes | § 17-3-2.2. Statute of limitations—In addition to any periods excluded pursuant to Code Section 17-3-2, if the victim is a person who is 65 years of age or older, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the violation is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law
enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. Except for prosecutions for crimes for which the law provides a statute of limitations longer than 15 years, prosecution shall not commence more than 15 years after the commission of the crime. (I) Part 2 of Article 3 of Chapter 12 of Title 16. 64 (2) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 53. (d)(1) It is the express intent of the General Assembly that for a period of two years following July 1, 2015, plaintiffs of any age who were time-barred from filing a civil action for injuries resulting from childhood sexual abuse due to the expiration of the statute of limitations in effect on June 30, 2015, shall be permitted to file such actions before July 1, 2017, thereby reviving those civil actions which had lapsed or technically expired under the law in effect on June 30, 2015. Relates to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. |
| Guam | 2011 Guam Public Law 33-31 | Abolishes altogether the statute of limitations for the criminal prosecution of perpetrators of sex crimes against children. | |
| Hawaii | Hawaii Rev. Stat. § 657-7 | Yes, Minority Tolling | General limitations period for injuries is two years. |
| Idaho | Idaho Code § 6-1704 | Yes | Suit may be brought within five years of the victim reaching the age of majority. The statute is only applicable to cases arising after its effective date, July 1, 1989. |
| Illinois | Ill. Rev. Stat. ch. 735, § 13--202.2(b) | Yes | Illinois has a special statute of limitations for survivors of childhood sexual abuse. As amended in 2003, Illinois Statutes § 13--202.2(b) provides: An action for damages for personal injury based on childhood sexual abuse must be commenced within 10 years of the date the victim discovers that the act of childhood sexual abuse occurred and that the injury was caused by the childhood sexual abuse. |
| Indiana | Ind. Code § 34-11-2-4 2015 Senate Bill 94, Act 94 | Yes | General statute of limitations requires that any action for injuries to the person must be filed within two years of the time when the cause of action accrues, but before the child becomes 31 years of age. §§ 34-10-2-5 prohibits suits based on injuries that transpire in childhood unless brought within two years of the child reaching 18. Provides that a rape charge otherwise barred by the statute of limitations may be brought within five years of the time that: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. |
| Iowa | Iowa Code § 614.8A | Yes | Pursuant to Iowa statutory law and case law, victims must commence their lawsuits within four years of the discovery of an. Iowa Code Ann. §§ 614.8A which apply to all cases in which injury occurred after July 1, 1990. |
| Kansas | Kan. Stat. Ann. § 60-523 | Yes | The abused have three years from the age of 18 or three years from the date the victim realizes they have suffered an injury or illness caused by sexual abuse. The statute is expressly retroactive. |
| Kentucky | Ky. Rev. Stat. § 413.249 | Yes | Civil actions for sexual abuse may be brought within five years of the last act of abuse, or within five years of the date, the victim’s discovery of the abuse or within five years after the victim reaches the age of 18. |
| Louisiana | La. Rev. Stat. § 9:2800.9. | Yes | §2800.9. Action against a person for abuse of a minor. A. An action against a person for sexual abuse of a minor, or for physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring, is subject to a liberative prescriptive period of 10 years. This prescription commences to run from the day the minor attains majority, and this prescription shall be suspended for all purposes until the minor reaches the age of majority. Abuse has the
same meaning as provided in Louisiana Children's Code Article 603. This prescriptive period shall be subject to any exception of preemption provided by law.
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| Maine | Me. Rev. Stat. Ann. tit. 14, § 752-C | Yes-Anytime | Civil or criminal actions may be brought at any time. |
| Maryland | Md. Cts. and Jud. Proc. § 5-117 | Extending the statute of limitations for civil child sexual abuse actions to 7 years after the date that the victim attains the age of majority. | |
| Massachusetts | Mass. Gen. Laws ch. 260, § 4C | Yes | Section 4C. Actions of tort alleging the defendant sexually abused a minor shall be commenced within 35 years of the acts alleged to have caused an injury or condition or within seven years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age. |
| Michigan | None. No special statute. The general personal injury statute, § 600.5805 governs actions for childhood sexual abuse. Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. | ||
| Minnesota | Minn. Stat. Ann. § 541.073 | Yes | Action for damages based on personal injury caused by sexual abuse must originate within six years of the time the plaintiff knew or had reason to know that the injury was caused by sexual abuse." If the victim is a minor, the six-year limitations begin to run one year after the plaintiff reaches 18 and would terminate at age 25. |
| Minnesota | Minn. Stat. Ann. § 541.073 | Yes | An action for damages based on sexual abuse: (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural
person was under 14 years of age. Subd. 4. Vicarious liability or respondent superior claims. A claim for vicarious liability or liability under the doctrine of respondeat superior must be commenced within six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years of age. This subdivision does not limit the availability of these claims under other law. Subd. 5. Title. "Child Victims Act." (a) This section is effective the day following final enactment. Except as provided in paragraph (b), this section applies to actions that were not time-barred before the effective date. Notwithstanding any other provision of law, in the case of alleged sexual abuse of an individual under the age of 18, if the action would otherwise be time-barred under a previous version of Minnesota Statutes, section 541.073, or other time limits, an action for damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision, clause (2), may be commenced no later than three years following the effective date of this section. This paragraph does not apply to a claim for vicarious liability or respondent superior but does apply to other claims, including negligence. This paragraph applies to actions pending on or commenced on or after the effective date. |
| Mississippi | Miss. Code Ann. § 15-1-49
| Mississippi victims must file their claims: within 3 years of the act constituting sexual abuse under § 15-1-49 within three years of attaining the age of majority under the "minor savings statute" under § 15-1-59, and within 3 years of the victim's release from imprisonment under § 15-1-57. The court has declined to apply the discovery statute to cases of delayed realization of the connection between the abuse and the victim's psychological injury; however, the issue has not been presented in the context of extensive memory repression. The standards for proving fraudulent concealment of a claim are so high as to be impracticable. | |
| Missouri | Mo. Rev. Stat. § 537.046 | Yes | Civil claims must be filed either within 5 years of the time the victim reaches age 18 or within 3 years from the date the victim discovers that physical or psychological injury was caused by abuse. |
| Montana | Mont. Code § 27-2-216(a) | Yes | Claim may bring three years after the act of childhood sexual abuse that is alleged to have caused the injury, or 3 years after the time of discovery or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse. |
| Nebraska | Neb. Rev. Stat. § 25-207 | None. There is no special statute of limitations for victims of child sexual abuse. Nebraska victims must file their cases as follows: Within four years of the acts constituting abuse under the general tort SOL. (Neb. Rev. Stat. § 25-207); The statute of limitations is suspended for victims who were abused as minors until they reach the age of 21 (Neb. Rev. Stat. § 25-213), therefore, victims have the period of four years from attaining the age of 21 in which to institute legal action. | |
| Nevada | Nev. Rev. Stat. § 11.215 | Yes | Civil claims within 10 years of age 18, or within 10 years of discovery that injury was caused by the abuse. No outside time limitation as long as clear and convincing evidence exists that the abuse occurred. |
| New Hampshire | N.H. Rev. Stat. § 508:4-9 | Yes | A person, alleging to have been subjected to any offense under RSA 632-A, or an offense under RSA 639:2, who were under 18 years of age when the alleged offense occurred, may commence a personal action based on the incident within the later of: I. Twelve years of the person's eighteenth birthday; or II. Three years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of. |
| New Jersey | N.J. Stat. Ann. § 2A:61B-1 | Yes | Actions can be initiated within two years of the date of the "reasonable discovery" of the "injury and its causal relationship to the act of sexual abuse." |
| New Mexico | N.M. Code § 37-1-30 | Yes | Action can be initiated by the victim’s 24th birthday, or three years from the date of discovery of abuse, or had reason to know of the childhood sexual abuse and that the abuse resulted in injury. |
| New York | N.Y. Civil Prac. Law § 215 N.Y. Civil Prac. Law § 214
| Yes | In New York, there is no extended statute of limitations for sexual abuse; however, if the abuse is treated as an intentional tort, New York's SOL is one year. N.Y. Civil Prac. Law § 215. If the victim brings a claim against a church or school which administered the perpetrator, or any action that is based in negligence, rather than criminal behavior, the SOL is 3 years—N.Y. Civil Prac. Law § 214. New York adopted a special statute of limitations for victims of sexual crimes in 2006—N.Y. Civil Prac. Law §213-c. The statute provides that actions for civil damages for defined sexual crimes, including sexual abuse of a minor, may be brought within 5 years of the acts constituting the sexual offense. |
| North Carolina | N.C. Gen. Stat. § 1-52(16) | Yes | General discovery statute (N.C. Gen. Stat. § 1-52(16)(1993) and general incompetence tolling provision (§ 1-17(a)(1993). |
| North Dakota | N.D. Cent. Code § 28-01-25.1 2015 SB 2331 | 28-01-25.1. Limitation on actions alleging childhood sexual abuse. Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within ten years after the plaintiff knew or reasonably should have known that a potential claim exists resulting from alleged childhood sexual abuse. For purposes of this section, "childhood sexual abuse" means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18
years of age and which would have been a violation of chapter 12.1-20 or 12.1-27.2. In a claim for relief under this section, the plaintiff is not required to establish which act in a continuous series of sexual abuse acts by the defendant caused the injury SECTION 1. AMENDMENT. Section 28-01-25.1 of the North Dakota Century Code is amended and reenacted as follows: 28-01-25.1. Limitation on actions alleging childhood sexual abuse. Notwithstanding section 28-01-25, there is no limitation of the time within which a claim for relief resulting from childhood sexual abuse must be commenced. | |
| Ohio | Ohio Code § 2305.111(c) | Yes | Ohio's Special Statute of Limitations for Childhood Sexual Abuse, Effective Aug. 3, 2006. The law gives victims 12 years from their age of majority to bring actions against their perpetrators. |
| Oklahoma | Okla. Stat. tit. 12, § 95 | Yes | Action commenced two years of the last act, two years of age 18 or two years of discovery, through 20 years from age 18. |
| Oregon | Or. Rev. Stat. § 12.117 | Yes | Claims must be brought within six years of age 18, or three years of discovery of the injury and the abuse. |
| Pennsylvania | Pa. Cons. Stat. tit. 42 § 5533(b) | Yes, Minority Tolling | Extended Statute of Limitations (SOL) Section 5533(b) (2) of Title 42 of the Pennsylvania Consolidated Statutes is amended to provide a SOL of 12 years from the date of a victim reaching his or her age of majority (18). The act also provides, however, that the amendment to 42 Pa.C.S. § 5533(b) shall not be applied to revive an action that has been barred by an existing statute of limitations on the effective date of the act. |
| Rhode Island | R.I. Gen. Laws § 9-1-51 | Yes | Administer claims against non-perpetrators; actions must be brought within three years of accrual. Within seven years of the last act or discovery that the injury or illness was caused by the act. |
| South Carolina | S.C. Code Ann. § 15-3-555 | Yes | Extends the statute of limitations for civil claims six years after the person reaches 21 or three years from the time the victim realizes that their injuries are caused by child sexual abuse. |
| South Dakota | S.D. Codified Laws § 26-10-25 | Yes | Within three years of the act or discovery that the injury was caused by the act. |
| Tennessee | Tenn. Code 28-3-104 and 28-1-106 | Yes, Minority Tolling | There is no specific statute of limitations for survivors of sexual abuse. General one year SOL. General minority tolling statute suspending the claim until the plaintiff reaches 18 available. Suit must then be brought within one year. Tennessee Code Annotated, Section 40-2-101, is amended by adding the following language as a new subsection: (m) Notwithstanding subsection (b), prosecutions for any offense committed on or after July 1, 2016, that constitutes the offense of aggravated child abuse, or aggravated child neglect or endangerment, under§ 39-15-402, shall commence by the later of: (1) Ten (10) years after the child reaches eighteen (18) years of age; or (2) The time within which prosecution must be commenced pursuant to subsection (b). |
| Texas | Tex. Civ. Prac. & Rem. Code § 16.0045 | Yes | Fifteen-year statute of limitations for violation of Section 22.011, Penal Code sexual assault; or Section 22.021, Penal Code aggravated sexual assault. Majority tolling provision states that if the victim was a minor, the SOL does not begin to run until his/her 18th birthday. |
| Utah | Utah Code § 78B-2-309 House Bill 2015-0277, Chapter 082 | Yes | Effective 3/23/2015 78B-2-308. Civil actions for sexual abuse of a child. Eliminates the statute of limitations for civil actions for child sexual abuse. Provides that a victim of child sexual abuse may file a civil action at any time. |
| Vermont | Vt. Stat. Ann. tit. 12, § 522 | Yes | Civil action brought by any person for injury suffered as a result of childhood sexual abuse initiated within six years of the act, or six years of the time of discovery. |
| Virginia | Va. Code § 8.01-243 | Yes | General statute of limitation for injuries to the victim is two years after the time of the injury. If the person at the time of the injury is a minor, the two-year time period will commence once that person comes of age. D. Every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person as set forth in subdivision 6 of § 8.01-249 shall be brought within 20 years after the cause of action accrues. |
| Washington | Wash. Rev. Code § 4.16.340 | Yes | Claims of action shall be commenced within three years of the act alleged to have caused the injury or condition; within three years of the time of discovery or reasonably should have discovered that the injury or condition was caused by abuse; or within three years of the time the victim discovered that the act caused the injury for which the claim is brought provided that the time limit for commencement of an action is tolled for a child until he/she reaches 18 years. |
| West Virginia | W. Va. Code § 55-2-15 | Yes | The burden is on the victim to demonstrate that he/she was prevented from knowing of the claim at the time of the injury by reason of fraudulent concealment, inability to comprehend the injury, or other extreme hardship. Mere ignorance of existence of cause of action or of identity of wrongdoer does not prevent running of statute of limitations. Nor can the discovery rule be used to extend past the 20-year statute of repose. |
| Wisconsin | Wis. Stat. § 893.587 | Yes | Claim may be filed two years of reaching age of majority. |
| Wyoming | Wyo. Stat. § 1-3-105 | Yes | Action for childhood sexual abuse may be brought eight years after victims eighteenth birthday or three years after the time of discovery. |
About this NCSL Project
The Denver-based child welfare project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation, and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or .
NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child welfare issues before Congress and the Administration. Staff in D.C. can be reached at (202) 624-5400 or .