2018 SOL SUMMARY

National Overview of Statutes of Limitation (SOLs) for Child Sex Abuse

2018 SOL Reform Legislation and Best Current Civil and Criminal SOLs

At a Glance:

 

PART I: OVERVIEW OF 2018 SOL REFORM BILLS

A. SOL Reform Laws Going into Effect in 2018

click here for summary of new sol reform laws in 2 states
Hawaii Re-opened a window to be in effect until April 24, 2020. (SB 2719) (Effective July 1, 2018).
Michigan Extended the criminal SOL by adding a DNA statute. (SB 871) (Effective July 25, 2018). Extended the civil SOL to age 28 with a 3-year discovery rule. Enacted a 90-day window for victims of Larry Nassar. (SB 872) (Effective July 25, 2018). 
Total Two (2) States with SOL Reform Going into Effect

 

B. SOL Reform Bills Passed in Legislature in 2018

Click here for summary of SOL reform bills in 3 states that PASSED IN legislature
California Would extend the civil SOL to age of majority plus 22 years, or age 40, and add a 5-year discovery rule. (AB 3120)
(VETOED after passage in September, 2018).
Hawaii Re-opened a window to be in effect until April 24, 2020. (SB 2719) (Effective July 1, 2018).
Michigan Extended the criminal SOL by adding a DNA statute. Effective July 25, 2018 (SB 871). Extended the civil SOL to age 28 with a 3-year discovery rule. Enacted a 90-day window for victims of Larry Nassar. (SB 872) (Effective July 25, 2018).
Total Three (3) States and Passed SOL Reform

 

C. SOL Reform Bills Introduced in Legislature in 2018

click here for summary of sol reform bills in 17 states that were Introduced in Legislature
California Would extend the civil SOL to age of majority plus 22 years, or age 40, and add a 5-year discovery rule. (AB 3120).
Connecticut

Would eliminate the criminal SOL (HB 5246). Would also extend the criminal SOL for the prosecution of sexual assault. (SB 238).

Georgia Would extend the civil SOL to age 38, create 4-year discovery rule, & enact 1-year window against institutions.
Hawaii Would extend the civil SOL to age 40 with a discovery rule of 10 years. Also, would re-open a window that would be in effect until July 1, 2022. (SB 2719).
Iowa

Would extend the civil SOL to 43 years with at 25 year discovery rule. (HF 2284).

Massachusetts

Would eliminate the criminal SOL. (S 902).

Michigan

Would extend the criminal SOL by adding a DNA statute. (SB 871). Would extend the civil SOL to age 28 with a 3 year discovery rule. Would also enact a 90-day window for victims of Larry Nassar. (SB 872).

Minnesota

Would extend the civil SOL for filing against a mandated reporter who failed to report abuse to 9 years after the failure or 3 years after law enforcement discovers the failure. (HF 4247).

Missouri

Would extend the civil SOL to age 38 with a 3 year discovery rule. (HB 1590).

New Hampshire

Would establish a commission to study repealing the SOL for sexual assault. (SB 164).

New Jersey

Would eliminate the statute of limitations in civil actions for sexual abuse, expand the categories of defendants who are potentially liable in these actions, and codify the liability of public entities in these actions. (A3648).

New York Would establish the New York Child Victim Reconciliation and Compensation Fund. (SB 736A). Would also remove the SOL in criminal and civil actions. (A10891).
North Carolina Would extend the civil SOL to age 40. (HB 585).
Pennsylvania SB 261 amended in the house to include a two-year SOL revival window for victims.
Rhode Island

Would extend the discovery rule to 7 years. (SB 2600).

South Dakota

Would eliminate the civil SOL. (SB 196).

Virginia

Would deem abuse during infancy to accrue. (HB 895) (SB 617).

Total Seventeen (17) States Considered SOL Reform in 2018

 

PART II: OVERVIEW OF JURISDICTIONS WITH THE BEST CRIMINAL AND CIVIL SOL LAWS

 D. Jurisdictions with No Criminal SOL

Click here for summary of criminal SOL elimination laws in 43 states, the federal government and D.C.
Alabama None for victims abused when they were under 16
Alaska None for victims abused when they were under 18 (felony charge)
Arizona None for victims abused when they were under 15 or under 18 if the abuser is a parent, guardian, teacher or priest
Arkansas None (as of 2013)
California None for felony sex offenses
Colorado None for felony child sexual offenses
Connecticut None for class A felonies and for any offense involving sexual abuse, sexual exploitation or sexual assault of a minor, including risk of injury involving intimate contact with a victim under age 16.
Delaware None
Florida None for felony sexual battery of minors (defined by Fla. Stat. § 794.011)
Georgia None for (1) trafficking a person for sexual servitude; (2) cruelty to children in the first degree; (3) rape; (4) aggravated sodomy; (5) child molestation or aggravated child molestation; (6) enticing a child for indecent purposes; or (7) incest.
Hawaii None for 1st and 2nd degree sexual assault, and continuous sexual assault of a minor under 14
Idaho Elimination for felony sex abuse and lewd conduct with a child.
Illinois None for felonies and misdemeanors
Indiana None if offense committed with threats or use of deadly force (class A)
Kansas None for rape
Kentucky None for felonies
Louisiana None for prosecutions of crimes for that are punishable by death or life imprisonment, including aggravated rape and forcible rape
Maine None for victim under 16 for felony and misdemeanor incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct.
Maryland None for felonies
Massachusetts None where victim under 16 (after +27 years DNA or other corroborating evidence needed)
Michigan None 1st degree crimes.
Minnesota None for sex trafficking
Mississippi None if (1) victim was abused during ages 14-16 and offender is 3 years older; (2) victim was abused under 14 and offender 2 years older; (3) victim was abused under 18 and abuser is in a position of authority or trust; or (4) involving touching or handling of children for lustful purposes
Missouri Murder, forcible rape, attempted forcible rape, forcible sodomy, attempted forcible sodomy, or any class A felony
Montana None
Nebraska None for felony 1st or 2nd degree sexual assault, or misdemeanor 3rd degree sexual assault when victim was abused under the age of 16, felony incest, sex trafficking of a minor and child pornography.
New Jersey None for sexual assault or aggravated sexual assault
New Mexico None for 1st degree felonies
New York None for 1st degree felonies
North Carolina None
Pennsylvania None for felony trafficking, sexual servitude, rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault and incest.
Rhode Island None for 1st degree sexual assault, and 1st and 2nd degree child molestation
South Carolina None
South Dakota None for class A, B, and C felonies; all child rape & forcible rape
Tennessee None for child sex abuse felonies and misdemeanors
Texas None for most sex crimes against young children
Utah None for rape of a child, object rape of a child, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child, human trafficking of a child
Vermont None for aggravated sexual assault and sexual exploitation of a minor
Virginia None for felonies
Washington None for felony rape, sexual misconduct, child molestation, and sexual exploitation of a minor
West Virginia None for sexual assault, 1st degree sexual abuse, sexual abuse by parent, guardian, custodian, or person in a position of trust to child
Wisconsin None for 1st degree sexual assault, or repeated class A or B felony offenses against the same child
Wyoming None
Washington D.C. None for felony sexual abuse, child sexual abuse, sexual abuse of a minor, and incest.
Federal Government None
Total Forty-three (43) States, Federal Government and Washington D.C. Eliminated Criminal SOLs

 

E. Jurisdictions with No Civil SOL
(for at least some child sex abuse claims)

click here for summary of civil sol elimination laws in 10 states
Alaska None for felony sex abuse of a minor and felony sexual assault (as of 2001), unlawful exploitation of a minor (as of 2003), and felony sex trafficking or felony human trafficking (as of 2013). Applies to claims arising after the effective dates and to non-expired claims arising before. (Alaska Stat. Ann. § 09.10.065).
Connecticut None if events forming the civil claim led to conviction of first-degree aggravated sexual assault or sexual assault. Applies to any cause of action arising from an incident committed prior to, on or after May 23, 2002. (Conn. Gen. Stat. § 52-577e).
Delaware None for action based on sexual abuse of a minor by an adult. Effective as of July 10, 2007 and also applies to non-expired claims arising before that date. (Del. Code Ann. tit. 10, § 8145).
Florida None for sexual battery offenses committed against victims under 16 years old. Effective as of July 1, 2010 and also applies to non-expired claims arising before that date. (Fla. Stat. Ann. § 95.11).
Illinois None for action based on childhood sexual abuse. Effective as of January 1, 2014 and also applies to non-expired claims arising before that date. (IL ST CH 735 § 5/13-202.2).
Maine None for action based on sexual contact or sexual act with a minor. Effective as of April 7, 2000 and also applies to non-expired claims arising before that date. (Me. Rev. Stat. tit. 14, § 752-C).
Minnesota None for action based on sexual abuse of a minor. Effective as of May 25, 2013 and also applies to non-expired claims arising before that date. (Minn. Stat. § 541.073 (b)).
Nebraska None for action based on sexual assault of a child against a perpetrator. Effective as of August 24, 2017 and also applies to non-expired claims arising before that date. (Neb. Rev. St. § 25-228).
Utah None for action based on intentional or negligent sexual abuse of a minor against a perpetrator. Effective as of March 23, 2015. (Utah Code § 78B-2-308).
Vermont None for action based on childhood sexual abuse. Effective as of July 1, 2019 and it is fully retroactive, applying to all claims arising before or on or after that date. (Vt. Stat. Ann. tit. 12, § 522).
Total  Ten (10) States Eliminated Civil SOLs

 

 F. Jurisdictions that Revived Expired Civil SOL
(opened revival window or revived up to a certain age)

click here for summary of civil revival laws in 17 states and D.C.
Arizona (2019-20) 19-month window opened on May 27, 2019 for expired claims against perpetrators, private organizations and government and will close on December 31, 2020 – open. Also revives SOL up to age 30. (HB 2466 Effective May 27, 2019).
California (2003) 1-year window revived SOL against private organizations only – closed. (Cal. Civ. Proc. Code § 340.1). (2019) 3-year revival window opened on January 1, 2020 for expired claims against perpetrators, private organizations and government – open. Also revives SOL up to age 40. (AB 218 Effective October 13, 2019).
Connecticut (2002) Revives SOL up to age 48 against perpetrators, private organizations and government. (Conn. Gen. Stat. § 52-577d).
Delaware (2007-09) 2-year window revived SOL against perpetrators, private organizations and government – closed. (Del. Code tit. 10, § 8145). (2010-12) Added 2-year window for healthcare providers because original window did not apply to claims against them – closed. (Del. Code tit. 18, § 6856).
Georgia (2015-17) 2-year window revived SOL against perpetrators only – closed. (Ga. Code § 9-3-33.1).
Hawaii (2012-14) 2-year window revived SOL against perpetrators and private organizations. (2014-16) Extended original window for another 2 years and expanded to include claims against the government. (2018-20) Extended window was open until April 24, 2020 – closed. (Haw. Rev. Stat. § 657-1.8).
Massachusetts (2014) Revives SOL up to age 53 against perpetrators only. (Mass. Gen. Laws ch. 260, § 4C).
Michigan (2018) 90-day window revived SOL for victims of Larry Nassar only – closed. (Mich. Comp. Laws § 600.5851b).
Minnesota (2013-16) 3-year window revived SOL against perpetrators and private organizations – closed. (Minn. Stat. § 541.073, 2013 Minn. Sess. Law Serv. Ch. 89 (H.F. 681)).
Montana (2019-20) 1-year window opened on May 7, 2019 for expired claims against perpetrators and entities – closed. (Mont. Code § 27-2-216 Effective May 7, 2019).
New Jersey (2019-21) 2-year window opened on December 1, 2019 for expired claims against perpetrators, private organizations and government – open. Window applies to child sex abuse victims and those sexually assaulted as adults. Also revives SOL up to age 55. (S477 Effective May 13, 2019).
North Carolina (2020-21) 2-year window opened on January 1, 2020 for expired civil claims – open. (S. 199 Effective December 1, 2019).
Oregon (2010) Revives SOL up to age 40 against perpetrators and private organizations. (O.R.S. § 12.117).
Rhode Island (2019) Revives SOL up to age 53 against perpetrator only. (RI ST § 9-1-51 Effective July 1, 2019).
Utah (2016) 3-year window revived SOL against perpetrators only – closed. Also revives SOL up to age 53 against perpetrator only. (Utah Code § 78B-2-308).
Vermont (2019) Permanently revives all expired claims against perpetrators, private organizations and government – open. (H.330 Effective May 28, 2019).
Washington D.C. (2019-21) 2-year window opened on May 3, 2019 for expired claims against perpetrators and entities – open. Window applies to all child sex abuse victims up to age 40 or those who discovered their abuse less than 5 years ago, and in some circumstances, those sexually assaulted as adults. (L22-0311 Effective May 3, 2019).
Total Seventeen States (17) and Washington D.C. Revived Expired Civil SOLs

 

2019 Revival Law Ranking

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