2021 SOL TRACKER

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

2021 SOL Reform Legislation and Best Current Civil and Criminal SOLs

PART I: OVERVIEW OF 2021 SOL REFORM BILLS

A. New SOL Reform Laws Going into Effect in 2021 (11 States)

       (5 to eliminate criminal;  3 to extend criminal;  4 to eliminate civil;  5 to extend civil;  and 6 for civil window/revival)

B. SOL Reform Bills Passed in Legislature in 2021 (13 States)

        (5 to eliminate criminal;  2 to extend criminal;  4 to eliminate civil;  5 to extend civil;  and 7 for civil window/revival)

C. SOL Reform Bills Introduced in Legislature in 2021 (35 States)

(19 to eliminate criminal; 14 to extend criminal;  21 to eliminate civil;  10 to extend civil;  and 24 for civil window/revival)

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

D. No Criminal SOL (44 States, Federal & D.C.)

E. No Civil SOL (15 States & Guam)

F. Revived Expired Civil SOL (24 States, D.C. & Guam)

*For more information visit our Law & Policy page and email info@childusa.org with any questions.

At a Glance:

 

 

PART I: OVERVIEW OF 2021 SOL REFORM BILLS

A. SOL Reform Laws Going into Effect in 2021

click here for summary of new sol reform laws in 11 states
Arizona

Adds a civil cause of action with no SOL for sex trafficking of minors and adults with liability for perpetrators, other individuals and entities that benefited from participating in a trafficking venture. (HB 2116) (Governor Signed into Law on March 23, 2021).

Would eliminate the criminal SOL for child sex trafficking. (SB 1660) (Governor Signed into Law on July 9, 2021).

Arkansas

Extends the civil SOL for sexual abuse of minors from age 21 to age 55 and opens a 2-year revival window for expired claims. The SOL extension and window is also applicable to victims who were disabled adults at the time of the sexual abuse. (SB 676) (Governor Signed into Law on April 30, 2021).

Extends the criminal SOL by expanding the DNA rule, which tolls the SOL, to apply to persons newly identified by DNA testing. (HB 1670) (Governor Signed into Law on April 30, 2021).

Colorado

Eliminates the civil SOL for sexual assault of minors and adults.  (SB 73) (Governor Signed into Law on April 15, 2021).

Adds a new civil cause of action for sexual misconduct against a minor with no SOL, allowing claims to be brought at any time. The cause of action also applies retroactively and opens a 3-year window for any sexual misconduct against minors occurring from 1960 to 2021. Claims against public entities/perpetrators are limited by a damages cap of $350,000. Claims against non-public entities/perpetrators are limited by a damages cap of $500,000, with exceptions for negligence or excessive injury which raise the cap to $1,000,000. (SB 88) (Governor Signed into Law on July 6, 2021).

Hawaii Eliminates the criminal SOL for sex trafficking of minors and adults. (HB 887) (Governor Signed into Law on June 24, 2021).
Iowa

Eliminates the criminal SOL for all child sex abuse felonies and misdemeanors. Also adds the crime of sexual abuse or exploitation by an adult providing training or instruction with no criminal SOL and extends the civil SOL for instructor sexual exploitation to 5 years after treatment or after the victim was last in school.  (SF 562) (Governor Signed into Law on May 12, 2021).

Adds a civil remedy for disclosure of private, sexually explicit images without consent of the depicted individual and sets the SOL at age 19 for offenses against minors. (HF 233) (Governor Signed into Law on April 30, 2021).

Kentucky

Revives expired claims for child sex abuse if brought within 5-year of when the SOL expired. Clarifies that the 2016 civil SOL extension  to age 28 (age of majority, 18, plus 10 years), 10 years from discovery, or 10 years after conviction of the perpetrator is also applicable to claims against other individuals and entities and applies retroactively. Also extends the criminal SOL for misdemeanor child sex assault or abuse from age 23 to age 28 and broadens the applicable offenses to include: sex trafficking, promoting prostitution, and pornography. (HB 472) (Governor Signed into Law on March 23, 2021).

Louisiana Eliminates the civil SOL for child sex abuse claims and opens a 3-year revival window for all previously expired claims. (HB 492) (Governor Signed into Law on June 14, 2021).
Maine

Opens a permanent revival window for all expired claims of child sexual abuse. (LD 589) (Governor Signed into Law on June 21, 2021).

Minnesota Eliminates the criminal SOL for the following felonies: solicitation, inducement, and promotion of prostitution, sex trafficking, and criminal sexual conduct in the 1st, 2nd, 3rd, and 4th degrees. (HF 63) (Governor Signed into Law on June 30, 2021).
Nevada Eliminates the civil SOL for claims against a perpetrator or someone criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and a promoter, possessor, or viewer of CSAM (child sexual abuse material) and opens a permanent revival window for expired claims. Extends and revives the civil SOL for sexual exploitation of a minor up to age 38 for claims against other defendants, with treble damages recoverable for participating in or covering up the abuse. Shortens the civil SOL for sexual abuse of a minor against other defendants, by removing the 20-year discovery rule, but keeps the SOL at age 38, revives claims up to age 38, and adds that treble damages are recoverable for participating in or covering up the abuse. Prior version of the bill would have eliminated the civil SOL for sexual abuse or exploitation of a minor and opened a permanent revival window for claims against non-perpetrator defendants as well. (SB 203) (Governor Signed into Law on June 2, 2021).
Tennessee Broadens criminal SOL elimination for felony sex trafficking of minors by removing evidentiary barriers to prosecution. (SB 1115) (Governor Signed into Law on May 11, 2021).
Total Eleven (11) States with New SOL Reform Laws

 

B. SOL Reform Bills Passed in Legislature in 2021

click here for summary of sol reform bills that passed in the legislature in 13 states
Arizona

Adds a civil cause of action with no SOL for sex trafficking of minors and adults with liability for perpetrators, other individuals and entities that benefited from participating in a trafficking venture. (HB 2116) (Governor Signed into Law on March 23, 2021).

Would eliminate the criminal SOL for child sex trafficking. (SB 1660) (Governor Signed into Law on July 9, 2021).

Arkansas

Extends the civil SOL for sexual abuse of minors from age 21 to age 55 and opens a 2-year revival window for expired claims. The SOL extension and window is also applicable to victims who were disabled adults at the time of the sexual abuse. (SB 676) (Governor Signed into Law on April 30, 2021).

Extends the criminal SOL by expanding the DNA rule, which tolls the SOL, to apply to persons newly identified by DNA testing. (HB 1670) (Governor Signed into Law on April 30, 2021).

Colorado

Eliminates the civil SOL for sexual assault of minors and adults.  (SB 73) (Governor Signed into Law on April 15, 2021).

Adds a new civil cause of action for sexual misconduct against a minor with no SOL, allowing claims to be brought at any time. The cause of action also applies retroactively and opens a 3-year window for any sexual misconduct against minors occurring from 1960 to 2021. Claims against public entities/perpetrators are limited by a damages cap of $350,000. Claims against non-public entities/perpetrators are limited by a damages cap of $500,000, with exceptions for negligence or excessive injury which raise the cap to $1,000,000. (SB 88) (Governor Signed into Law on July 6, 2021).

Hawaii Eliminates the criminal SOL for sex trafficking of minors and adults. (HB 887) (Governor Signed into Law on June 24, 2021).
Iowa

Eliminates the criminal SOL for all child sex abuse felonies and misdemeanors. Also adds the crime of sexual abuse or exploitation by an adult providing training or instruction with no criminal SOL and extends the civil SOL for instructor sexual exploitation to 5 years after treatment or after the victim was last in school.  (SF 562) (Governor Signed into Law on May 12, 2021).

Adds a civil remedy for disclosure of private, sexually explicit images without consent of the depicted individual and sets the SOL at age 19 for offenses against minors. (HF 233) (Governor Signed into Law on April 30, 2021).

Kentucky Revives expired claims for child sex abuse if brought within 5-year of when the SOL expired. Clarifies that the 2016 civil SOL extension  to age 28 (age of majority, 18, plus 10 years), 10 years from discovery, or 10 years after conviction of the perpetrator is also applicable to claims against other individuals and entities and applies retroactively. Also extends the criminal SOL for misdemeanor child sex assault or abuse from age 23 to age 28 and broadens the applicable offenses to include: sex trafficking, promoting prostitution, and pornography. (HB 472) (Governor Signed into Law on March 23, 2021).
Louisiana Eliminates the civil SOL for child sex abuse claims and opens a 3-year revival window for all previously expired claims. (HB 492) (Governor Signed into Law on June 14, 2021).
Maine

Opens a permanent revival window for all expired claims of child sexual abuse. (LD 589) (Governor Signed into Law on June 21, 2021).

Minnesota Eliminates the criminal SOL for the following felonies: solicitation, inducement, and promotion of prostitution, sex trafficking, and criminal sexual conduct in the 1st, 2nd, 3rd, and 4th degrees. (HF 63) (Governor Signed into Law on June 30, 2021).
Nevada Eliminates the civil SOL for claims against a perpetrator or someone criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and a promoter, possessor, or viewer of CSAM (child sexual abuse material) and opens a permanent revival window for expired claims. Extends and revives the civil SOL for sexual exploitation of a minor up to age 38 for claims against other defendants, with treble damages recoverable for participating in or covering up the abuse. Shortens the civil SOL for sexual abuse of a minor against other defendants, by removing the 20-year discovery rule, but keeps the SOL at age 38, revives claims up to age 38, and adds that treble damages are recoverable for participating in or covering up the abuse. (SB 203) (Governor Signed into Law on June 2, 2021).
New York Would extend the civil SOL for sex trafficking and compelling prostitution of minors from 10 years to 15 years after the victim is freed, 15 years after discovery of the cause of action, or age 33 (age of majority, 18, plus 15 years). (S 672) (Passed in Senate & Assembly, June 9, 2021).
Pennsylvania A resolution proposing an amendment to the Pennsylvania Constitution to add a 2-year revival window for victims of child sex abuse and explicitly lift sovereign immunity for actions against the government. (HB 14) (Passed in House & Senate, March 24, 2021).
Tennessee Broadens criminal SOL elimination for felony sex trafficking of minors by removing evidentiary barriers to prosecution. (SB 1115) (Governor Signed into Law on May 11, 2021).
Total Thirteen (13) States Passed SOL Reform

 

C. SOL Reform Bills Introduced in Legislature in 2021

click here for summary of sol reform bills in 35 states that were introduced in legislature
Arizona

Adds a civil cause of action with no SOL for sex trafficking of minors and adults with liability for perpetrators, other individuals and entities that benefited from participating in a trafficking venture. (HB 2116) (Governor Signed into Law on March 23, 2021).

Would eliminate the criminal SOL for child sex trafficking. (SB 1660) (Governor Signed into Law on July 9, 2021).

Arkansas

Extends the civil SOL for sexual abuse of minors from age 21 to age 55 and opens a 2-year revival window for expired claims. The SOL extension and window is also applicable to victims who were disabled adults at the time of the sexual abuse. (SB 676) (Governor Signed into Law on April 30, 2021).

Extends the criminal SOL by expanding the DNA rule, which tolls the SOL, to apply to persons newly identified by DNA testing. (HB 1670) (Governor Signed into Law on April 30, 2021).

Would eliminate the criminal SOL for rape of a child by forcible compulsion and eliminate the criminal SOL for rape of a child by forcible compulsion if there is DNA evidence identifying the perpetrator. (SB 28) (Withdrawn, March 17, 2021).

Would add the crime of capital rape relating to rape of minors under age 14 and eliminate the criminal SOL for the crime. (SB 284) (Passed in Senate, March 31, 2021; H. Judiciary Comm. Hearing, April 20, 2021).

California

Would add a civil cause of action for online sex trafficking and exploitation of minors and adults against individuals and entities, including online services and websites, with an SOL of age 28 (age of majority, plus 10 years) or 6 years from discovery. Also, provides for statutory damages after notice of $200,000 for every 2-hours of online exposure of minors. (SB 435).

Would extend the criminal SOL for misdemeanor distribution of private sexual imagery from 1 year to 1 year from discovery that image was distributed, but not more than 6 years after distribution, for offenses against minors and adults. Previous version had later upper limit of 15 years from distribution. (SB 23) (Passed in Senate, June 1, 2021; Passed out of Assembly Public Safety Comm., June 29, 2021).

Colorado

Eliminates the civil SOL for sexual assault of minors and adults.  (SB 73) (Governor Signed into Law on April 15, 2021).

Adds a new civil cause of action for sexual misconduct against a minor with no SOL, allowing claims to be brought at any time. The cause of action also applies retroactively and opens a 3-year window for any sexual misconduct against minors occurring from 1960 to 2021. Claims against public entities/perpetrators are limited by a damages cap of $350,000. Claims against non-public entities/perpetrators are limited by a damages cap of $500,000, with exceptions for negligence or excessive injury which raise the cap to $1,000,000. (SB 88) (Governor Signed into Law on July 6, 2021).

Connecticut

Would eliminate the civil SOL for sexual abuse, exploitation or assault of individuals under 21 years-old. (SB 535).

Would extend the criminal SOL for failure to report child abuse as a mandated reporter to 5 years. (HB 5925).

Delaware

Would eliminate the civil SOL for claims of sexual violence of a minor or adult public employee by a supervisor and open a 1-year revival window for expired claims against the supervisor or employer for sexual violence occurring within 25 years of the Act. (HB 6) (Reported out of H. Administration Comm., May 20, 2021).

Florida

Would eliminate the civil SOL for sexual offenses against minors and adults. (HB 23 & SB 946) (All Bills Failed, April 30, 2021).

Georgia

Would extend the civil SOL from age 23 to age 38 and the delayed discovery rule from 2 to 4 years. Would open a 1-year revival window against perpetrators and entities, with a limitation that claims against entities can only be brought for conduct occurring after 1988.  Previous versions of bill would extend civil SOL to age 52 and limited claims against entities under the window to conduct occurring after 1973. (HB 109) (Passed in House, March 8, 2021).

Would eliminate the criminal SOL for rape, aggravated sodomy, and aggravated sexual battery of minors and adults. (SB 18) (S. Judiciary Comm. Hearing, February 10, 2021).

Hawaii

Would extend the civil SOL from age 26 with a 3-year discovery rule to age 68 with a 5-year discovery rule and open another revival window until April 24, 2024. Would provide for recovery of treble damages against a legal entity that disregarded evidence of or failed to report prior sexual abuse. HB 570 was amended to exclude provision prohibiting settlement agreements and court orders that restrict disclosure, but provision remains in SB 833. (HB 570 & SB 833) (HB 570 Passed in House, March 9, 2021; Amended Bill Passed in Senate, April 13, 2021, S. and H. Conf. Comm. Hearing., April 22, 2021).

Would extend the civil SOL from age 26 with a 3-year discovery rule to age 68 without a discovery rule. (SB 163) (Passed in Senate, March 9, 2021).

Would eliminate the criminal SOL for sex trafficking of minors and adults and broaden the crime of sex trafficking of minors to include solicitation of a minor for sexual services. (HB 568 & SB 831) (HB 568 H. Judiciary Comm. deferred, February 23, 2021).

Criminal elimination was amended out of the bill. Previous version would have eliminated the criminal SOL for sex trafficking and promoting prostitution of minors and adults and broaden the crime of sex trafficking of minors to include solicitation of a minor for sexual services. (SB 48) (S. Judiciary Comm. deferred, February 23, 2021).

Would eliminate the criminal SOL for certain 2nd and 3rd degree sexual assault crimes against minors. (SB 381).

Eliminates the criminal SOL for sex trafficking of minors and adults. (SB 753, SB 1041 & HB 887) (SB 753 S. Human Services Comm. deferred, February 2, 2021) (SB 1041 S. Human Services Comm. deferred, February 11, 2021) (HB 887 Governor Signed into Law on June 24, 2021).

Indiana

Would eliminate the civil SOL for injuries resulting from child sex abuse claims and open a permanent revival window for all expired claims. Child sexually abused at health facility would not benefit from this elimination or revival. (SB 135).

Would eliminate the criminal SOL for Level 1 and 2 felony child molesting, vicarious sexual gratification, child seduction, and sexual misconduct with a minor. (SB 197) (Passed in Senate, February 16, 2021; Passed out of H. Courts and Crim. Code Comm., March 31, 2021).

Would extend the criminal SOL for child sex abuse crimes by a person who is currently at least age 21 but committed the crime as a minor by adding a 1-year discovery rule from DNA, confession or recorded evidence for prosecution in adult criminal court. (HB 1198) (Passed in House, February 11, 2021;  Amended bill Passed in Senate, March 30, 2021; House Dissented to Amendment, April 6, 2021).

 

Iowa

Would eliminate criminal and civil SOLs for the following felonies: sexual abuse in the first, second, and third degree, sexual abuse or exploitation by a counselor, therapist or school employee, kidnapping, sex trafficking, and incest, and would open a 3-year revival window for expired claims related to these felonies. (SF 572) (SF 572 Passed out of S. Judiciary Comm., March 8, 2021).

Eliminates the criminal SOL for all child sex abuse felonies and misdemeanors. Also adds the crime of sexual abuse or exploitation by an adult providing training or instruction with no criminal SOL and extends the civil SOL for instructor sexual exploitation to 5 years after treatment or after the victim was last in school. (SF 562 & SF 372) (SF 562 Governor Signed into Law on May 12, 2021) (SF 372 Renumbered as SF 562).

Would eliminate the criminal SOL for felony sexual abuse of a minor in the first second, or third degree, incest, and sexual exploitation. (SF 33 & HB 566).

Would eliminate the civil SOL for sexual abuse and offenses against minors and open a 3-year revival window for expired claims of sexual abuse of a minor by a counselor, therapist, or school employee.  (SF 32).

Would extend the criminal SOL for sexual offenses against minors and sex trafficking from age 28 to age 33. (SF 76 & HF 449).

Would extend the criminal SOL for 1st, 2nd, and 3rd degree felony sexual abuse of minors from age 33 to age 48. Would also add a new provision for sexually motivated felony and misdemeanor offenses against minors – including sexual exploitation, indecent exposure and obscene materials – and set the SOL at age 48. (HF 225) (Passed out of H. Judiciary Subcomm., February 18, 2021).

Adds a civil remedy for disclosure of private, sexually explicit images without consent of the depicted individual and sets the SOL at age 19 for offenses against minors. (HF 233 & SF 324) (HF 233 Governor Signed into Law on April 30, 2021) (SF 324 Substituted with HF 233).

Kansas Would eliminate the civil SOL and open a permanent revival window for claims that were not expired prior to 1992. (SB 271).
Kentucky

Revives expired claims for child sex abuse if brought within 5-year of when the SOL expired. Clarifies that the 2016 civil SOL extension  to age 28 (age of majority, 18, plus 10 years), 10 years from discovery, or 10 years after conviction of the perpetrator is also applicable to claims against other individuals and entities and applies retroactively. Also extends the criminal SOL for misdemeanor child sex assault or abuse from age 23 to age 28 and broadens the applicable offenses to include: sex trafficking, promoting prostitution, and pornography. Previous version had permanent revival window and provided that insurance companies may include exemptions to coverage of perpetrators of child sex assault. (HB 472) (Governor Signed into Law on March 23, 2021).

Louisiana

Eliminates the civil SOL for child sex abuse claims and opens a 3-year revival window for all previously expired claims. Previous Senate version added elimination of the civil SOL and a 5-year revival window. The version that passed in the House removed the revival provisions. Original House bill would have extended the civil SOL from age 28 to age 53, eliminated the civil SOL against perpetrators who have been convicted of abuse, revived expired claims up to age 53 and opened a 2-year revival window. (HB 492) (Governor Signed into Law on June 14, 2021).

Maine

Would open a permanent revival window for all expired claims of child sexual abuse. (LD 688) (Joint Judiciary Committee Reported out with Vote Ought Not to Pass, May 17, 2021).

Opens a permanent revival window for all expired claims of child sexual abuse. Prior version had a 2-year revival window and exempted claims against the government from notice requirements of the Maine Tort Claims Act. (LD 589) (Governor Signed into Law on June 21, 2021).

Maryland

Would eliminate the civil SOL for sexual abuse of a minor and open a 2-year revival window for all expired claims. (SB 134 & HB 263) (SB 134 S. Hearing, February 2, 2021) (HB 263 Withdrawn, March 4, 2021).

Would add the crime of misdemeanor preventing or interfering with mandatory reporting of suspected child abuse or neglect, with no criminal SOL. (SB 145) (Passed in Senate, January 29, 2021; H. Judiciary Comm. Hearing, March 24, 2021).

Massachusetts

Would eliminate the civil SOL for child sex abuse and open a permanent revival window for all expired claims. Would also remove the $20,000 cap on damages for claims against charitable organizations. (S 1088).

Would eliminate the criminal SOL for indecent assault and battery and rape of a minor. Would also extend the civil SOL for civil rights violations for sexual assault and abuse from age 21 to age 53. (H 1617).

Would revive expired civil claims against non-perpetrators up until a victim reaches age 53 if the perpetrator of the abuse is deceased. (S 1007).

Would eliminate the criminal SOL for indecent assault and battery or rape of a minor. (S 1087).

Would eliminate the criminal SOL for all sex offenses against minors and adults if there is DNA evidence identifying the perpetrator. (S 1096).

Would extend the criminal SOL for felony incest to age 24 (age of majority, 18, plus 6 years) or 6 years from reporting, whichever is earlier. (H 1722).

Would extend the civil SOL for sex trafficking of minors to 10 years after the trafficking victim is freed or age 28 (age of majority, 18, plus 10 years). (S 1094).

Michigan

Would extend the civil SOL for minor and adult victims to the later of age 28, 10 years from the abuse, or 6 years from discovery. Also, would open a 1-year revival window for physician sex abuse of minors and adults and remove the 1-year notice of claim requirement for suits against the government. (HB 4306).

Would extend the criminal SOL for first degree criminal sexual conduct and trafficking punishable by life in prison by occurring before May 2, 2001, by allowing prosecution if it was reported within a year of the offense but the perpetrator’s legal name was unknown. (HB 4493).

Minnesota

Eliminates the criminal SOL for the following felonies: solicitation, inducement, and promotion of prostitution, sex trafficking, and criminal sexual conduct in the 1st, 2nd, 3rd, and 4th degrees. (HF 63, SF 515,  HF 1121 SF 970 & HF 1078) (HF 1121 Passed out of H. Public Safety and CJ Comm., March 10, 2021) (HF 1078 Passed out of H. Public Safety and C J Comm., April 12, 2021 and H. Ways and Means Comm., April 16, 2021) (SF 970 Passed in Senate, April 15, 2021; Amended Bill Passed in House, April 21, 2021; Senate Disagreed with House Amendments, April 22, 2021; Conference Comm. Meeting, May 9, 2021) (HF 63 Governor Signed into Law on June 30, 2021).

Would eliminate the civil SOL for sexual abuse of minors and adults by a peace officer against all types of defendants and open a 5-year revival window for expired claims of sexual abuse of minors and adults against a peace officer. (HF 717).

Would extend the criminal SOL for surreptitiously recording a minor with sexual intent to 9 years after the crime or 3 years after it was reported to law enforcement. (HF 2050).

Mississippi

Would eliminate the criminal SOL for any sexual battery of minors and adults, regardless of age difference between perpetrator and victim. (HB 75, HB 836, SB 2029 & SB 2013) (All Bills Failed, February 2, 2021).

Missouri

Would shorten the civil SOL for personal injury claims related to child sex abuse against non-perpetrators to age 23 (age of majority, 21, plus 2 years) (SB 3, HB 855 & HB 922) (SB 3 Passed out of S. Judiciary and CJ., Comm., February 22, 2021) (HB 922 Passed in House, March 4, 2021).

Would  eliminate the criminal SOL for the following felonies: 1st degree sexual abuse, 1st degree attempted sexual abuse, 2nd degree sexual abuse, 2nd degree attempted sexual abuse, incest and attempted incest. (SB 425).

Nevada

Eliminates the civil SOL for claims against a perpetrator or someone criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and a promoter, possessor, or viewer of CSAM (child sexual abuse material) and opens a permanent revival window for expired claims. Extends and revives the civil SOL for sexual exploitation of a minor up to age 38 for claims against other defendants, with treble damages recoverable for participating in or covering up the abuse. Shortens the civil SOL for sexual abuse of a minor against other defendants, by removing the 20-year discovery rule, but keeps the SOL at age 38, revives claims up to age 38, and adds that treble damages are recoverable for participating in or covering up the abuse. Prior version of the bill would have eliminated the civil SOL for sexual abuse or exploitation of a minor and opened a permanent revival window for claims against non-perpetrator defendants as well. (SB 203) (Governor Signed into Law on June 2, 2021).

Would extend the criminal SOL for sex trafficking of adults from 4 to 6 years from the offense.  Prior version would have eliminated the criminal SOL for sex trafficking of minors and adults. (AB 113) (Governor Signed into Law on May 28, 2021).

New Jersey

Would eliminate the civil SOL for the following claims: sexual assault, endangering child welfare by engaging in sexual conduct that would impair or debauch the morals of the child, and recording a child in sexual acts. Would also eliminate civil SOL for any action filed against individual or entity which produces, distributes, or otherwise engages in the child pornography industry. (AB 386).

Would extend the criminal SOL for felony criminal sexual contact and endangering child welfare age 23 to age 28 (age of majority, 18, plus 10 years) or 2 years from discovery. (SB 1268).

Would eliminate the criminal SOL for sex trafficking of minors and adults. (AB 3741).

New Mexico

Would eliminate the criminal SOL for sex trafficking of minors and adults. Would also broaden the crime of sexual exploitation of children by prostitution to apply to 16 and 17-year old victims and remove the defense that victim was an officer posing as a child. (HB 56) (Passed in House, February 22, 2021).

Would extend the criminal SOL for felony criminal sexual penetration of a minor from age 23 to age 35 and criminal sexual contact with a minor from age 23 to age 30. (SB 310) (Passed out of S. Health and Public Affairs Comm., March 8, 2021).

New York

Would eliminate the criminal SOL for all sex offenses against minors and for hindering the prosecution of sex offenses against minors, incest and use of a child in a sexual performance. Would add criminal liability for endangering welfare of a child in the 1st degree, concealing or hindering discovery of child sex abuse or evidence, and broaden criminal liability for non-profits for child sex abuse. Would also open a 3-year revival window for all expired claims, including those governed by an SOL of another jurisdiction, with a provision barring confidential settlements. Would extend the civil SOL where a child sex abuse victim has died from 3 years after death with an upper limit of age 21, to 6 years after death, but no later than age 24. (A 3210).

Would eliminate the criminal SOL for the following child sex abuse crimes: felony 1st and 2nd degree rape, 2nd and 3rd degree criminal sexual act, 1st degree sexual abuse, and 2nd, 3rd, and 4th degree aggravated sexual abuse, and misdemeanor 2nd degree sexual abuse. (AB 618).

Would broaden crime of rape to include oral and anal sexual contact, eliminating the criminal SOL for first degree contact and extending the criminal SOL to age 43 for second degree contact. (S 1075 & A 6319) (A 6319 Passed in Assembly, April 27, 2021).

Would eliminate the criminal SOL for the following felonies: 1st, 2nd , and 3rd degree incest and use of a child in a sexual performance.  Would also eliminate the civil SOL for all sexual offenses against minors. (AB 4725).

Would eliminate the criminal SOL for the following felonies: 1st, 2nd, and 3rd degree incest, use of a child in a sexual performance, and predatory sexual assault. (AB 5754).

Would eliminate the criminal SOL for the following child sex abuse crimes: felony 2nd and 3rd degree rape, and 2nd and 3rd degree criminal sexual act. (AB 814).

Would extend the civil SOL for sex trafficking and compelling prostitution of minors from 10 years to 15 years after the victim is freed, 15 years after discovery of the cause of action, or age 33 (age of majority, 18, plus 15 years). (A 3186 & S 672) (S 672 Passed in Senate & Assembly, June 9, 2021) (A 3186 Substituted by S 672).

North Dakota

Would open a 2-year revival window for expired claims of child sex abuse. (HB 1382) (Failed in H. Judiciary Comm., February 11, 2021).

Would extend the civil SOL by amending the 10-year discovery rule for child sex abuse to run from when a victim is advised by an attorney that a claim exists.  (HB 1384) (Failed in H. Judiciary Comm., February 11, 2021).

Would extend the criminal SOL for sexual abuse of minors from 3 to 10-years after the crime was reported, if a victim failed to report before age 36, and from 3 to 10 years after identification of the perpetrator by DNA or fingerprint evidence. Would also extend the criminal SOL for any remaining felonies from 3 to 7 years after an offense. (HB 1387) (Failed in H. Judiciary Comm., February 11, 2021).

Ohio

Would eliminate the civil SOL for rape of minors and adults, extend the civil SOL from age 30 to age 55 for other child sex abuse offenses, and open a 3-year revival window for expired claims. Would also eliminate the criminal SOL for rape and conspiracy, attempt or complicity to commit rape of minors and adults. (HB 266).

Would eliminate the criminal and civil SOL for rape and conspiracy, attempt or complicity to commit rape of minors and adults. (SB 198).

Oklahoma

Would eliminate the civil SOL for child sex abuse or exploitation against perpetrators and other individuals and extend the civil SOL against institutions to the later of age 48 or 5 years from discovery of the abuse. Would also open a 5-year revival window for all expired claims. (HB 1002) (Passed in House, March 11, 2021).

Would extend the criminal SOL for sex trafficking of minors and adults from 3-years after the offense to 3-years after reporting to law enforcement. (SB 974).

Pennsylvania

Would open a 2-year revival window for expired claims of sexual abuse of minors. Would also retroactively remove sovereign and government immunity for civil child sex abuse claims. (HB 951) (Passed in House, April 7, 2021; Passed out of S. Judiciary Comm., April 21, 2021).

A resolution proposing an amendment to the Pennsylvania Constitution to add a 2-year revival window for victims of child sex abuse and explicitly lift sovereign immunity for actions against the government. Prior versions had emergency constitutional amendment and did not have immunity provisions. (HB 14) (Passed in House & Senate, March 24, 2021).

A resolution to amend the Pennsylvania Constitution to add a 2-year revival window for victims of child sex abuse. (SB 8) (Passed out of S. Judiciary Comm., January 25, 2021 and S. Appropriations Comm., January 26th, 2021, S. Rules and Executive Nominations Comm. Hearing, March 22, 2021).

A resolution to amend the Pennsylvania Constitution with an emergency amendment that adds a 2-year revival window for victims of child sex abuse. (HB 881) (House Vote Against Bill, March 17, 2021).

Would eliminate the civil SOL for sexual abuse of minors and adults and open a 2-year revival window for expired claims of sexual abuse of minors and adults. Would make a settlement agreement provisions that bars disclosure of a claim of sexual abuse void, unless the victim requests it. Would also eliminate the criminal SOL for sexual assault of adults. (SB 406).

Would open a 2-year revival window for expired claims of sexual abuse of minors and adults. (SB 407).

Rhode Island

Would amend the civil SOL and its revival up to age 53 provision for claims against perpetrators by clarifying the definition of perpetrator includes persons and entities who aid, abet or conceal sexual abuse or exploitation of a child if the conduct could result in criminal liability as a principal. (H 5725 & SB 514) (H 5725 H. Judiciary Comm. Hearing, March 24, 2021).

Would amend the civil SOL and its revival up to age 53 provision for claims against perpetrators by expanding the definition of perpetrator to include persons or entities who aid and abet sexual abuse or exploitation of a child. (H 5143) (Withdrawn, February 24, 2021).

South Carolina Would extend the civil SOL to age 55 or 5 years from discovery, and make it applicable to all types of defendants. (SB 75).
South Dakota

Would open a revival window until July 1, 2023 for all expired claims. (HB 1181) (Failed in H. Judiciary Comm., February 22, 2021).

Would eliminate the civil SOL for child sex abuse. (HB 1178) (Failed in H. Judiciary Comm., February 22, 2021).

Tennessee Broadens criminal SOL elimination for felony sex trafficking of minors by removing evidentiary barriers to prosecution. (SB 1115 & HB 1302) (SB 1115 Governor Signed into Law on May 11, 2021) (HB 1302 Substituted with SB 1115).
Texas Would eliminate the civil SOL for child sex abuse and trafficking and open a permanent revival window for expired claims. (HB 2071).
Wisconsin Would eliminate the criminal SOL for prosecuting lesser included child sex abuse offenses where the perpetrator has been convicted of 1st degree sexual assault of a child. (SB 382 & AB 386).
Total Thirty-Five (35) States Considering SOL Reform in 2021

 

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

Best SOLs

 D. Jurisdictions with No Criminal SOL

click here for summary of criminal sol elimination laws in 44 states, 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 or for child sex trafficking
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)
Iowa None for all child sex abuse felonies and misdemeanors.
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 the following felonies: solicitation, inducement, and promotion of prostitution, sex trafficking, and criminal sexual conduct in the 1st, 2nd, 3rd, and 4th degrees.
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-four (44) 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 15 states and Guam
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 against perpetrators arising after the effective dates and to non-expired claims arising before. (Alaska Stat. Ann. § 09.10.065).
Arizona None for action based on sex trafficking of minors and adults (as of 2021).  (AZ ST § 12-721).
Colorado None for sexual assault of minors and adults.  Applies to claims against all defendants arising after the effective date and to non-expired claims arising before (as of 2021). (2021 SB 73). Also, none for new cause of action for sexual misconduct with minors. Applies to claims against perpetrators, private institutions, and government for abuse in 2022 or later (as of 2022). (2021 SB 88).
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).
Guam None for action based on child sexual abuse. Effective as of September 23, 2016 and it is fully retroactive, applying to call claims arising before on or after that date. (GU ST T. 7, § 11301.1).
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).
Louisiana None for actions based on sexual abuse of a minor. Effective June 14, 2021 and applies to non-expired claims arising before that date. (2021 LA HB 492).
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).
Nevada None for action based on child sex abuse against a perpetrator where there is clear and convincing evidence of the abuse. (Petersen v. Bruen, 106 Nev. 271, 281 (1990)). None for claims against a perpetrator or someone criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and a promoter, possessor, or viewer of CSAM (child sexual abuse material). Effective as of June 2, 2021, and it is fully retroactive, applying to all claims arising before on or after that date. (2021 NV SB 203).
New Hampshire None for action based on sexual assault or related offenses against minors and adults. Effective as of September 18, 2020. (NH ST § 508:4-g).
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  Fifteen (15) States and Guam Eliminated Civil SOLs

 

2020 Civil Age Cap Ranking

 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 24 states, d.c. and Guam
Arizona (2019-20) 19-month window opened on May 27, 2019 for expired claims against perpetrators, private organizations and government and closed on December 31, 2020 – closed. Also revived SOL up to age 30. (HB 2466 Effective May 27, 2019).
Arkansas (2022-23) 2-year window will open on February 1, 2022 for expired claims against perpetrators, private organizations and government. (SB 676/Act 1036).
California (2003-04) 1-year window revived SOL against private organizations only – closed. (Cal. Civ. Proc. Code § 340.1). (2020-22) 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).
Colorado* (2022-25) 3-year window for claims of abuse occurring from 1960-2021 against perpetrators, private organizations and government, subject to damages caps.  Colorado’s new cause of action is not a revival law, but it is included in this section because it opens a window to justice for many survivors whose common law claims have expired.  (SB 88 Effective January 1, 2022).
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).
Guam (2016) Permanently revives all expired claims against perpetrators, private organizations and government – open. (tit. 7 G.C.A. § 11301.1(b)).
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).
Kentucky (2021) Revives SOL up to 5 years after the date the SOL expired. (HB 472, Effective March 23, 2021)
Louisiana (2021) 3-year window revives SOL against any party. (HB 492 Effective June 14, 2021).
Maine (2021) Permanently revives all expired claims against any party. (LD 589 Effective June 21, 2021).
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. Also revives SOL up to age 27. (Mont. Code § 27-2-216 Effective May 7, 2019).
Nevada (2021) Permanently revives all expired claims against perpetrators or persons criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and promoters, possessors, or viewers of CSAM (child sexual abuse material). Also, revives SOL up to age 38 for sexual abuse or exploitation of a minor against other defendants, with treble damages recoverable for participating in or covering up the abuse. (SB 203 Effective June 2, 2021).
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).
New York (2019-20) 1-year window opened on August 14, 2019 for expired claims against perpetrators, private organizations and government – open. (N.Y. C.P.L.R. 214-g Effective February 14, 2019). (2020-21) Extended window via executive order (Executive Order No. 202.29) and then again with a 1-year window extension law keeping window open until August 14, 2021. (SB 7082, Effective August 3, 2020).
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) Permanently revived SOL up to age 53 against perpetrators or persons criminally liable and 3-year window opened on May 10, 2016 for expired claims against perpetrators and persons criminally liable. The revival law is not in effect because it was held unconstitutional in 2020. (Utah Code Ann. § 78B-2-308).
Vermont (2019) Permanently revives all expired claims against perpetrators, private organizations and government – open. (H.330 Effective May 28, 2019).
West Virginia (2020) Revives SOL up to age 36 against perpetrators and private organizations. (HB 4559).
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 Twenty-Four (24) States, Washington D.C. and Guam Revived Expired Civil SOLs

 

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