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ARIZONA

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

CHILD USA has diligently tracked SOL Reform in all 50 states for years! We have the answer to your state-specific SOL questions. Our Legal team has compiled your go-to resource book to get started on your SOL legal research, available in e-book or hard cover versions.

When you add CHILD USA’s CSA SOL History Treatise to our 2024 SOL Tracker, you have robust research to back up your investigation into the SOL for each client.

More Details & Free Sample Downloads HERE
Visit the 2024 National SOL Tracker HERE

CURRENT CIVIL SOL

CSA: The civil SOL for CSA claims against all defendants is age 30 with a common law discovery rule.

Trafficking: There is no SOL for claims of sex trafficking against all defendants.

CSAM: The SOL for CSAM claims is age 20.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 30

TRAFFICKING: NONE

CSAM: AGE 20

REVIVAL LAW

 REVIVAL UP TO AGE 30

DISCOVERY TOLLING

ONLY FOR REPRESSED MEMORIES OF ABUSE

 

ARIZONA SURVIVOR TOOL KIT

CURRENT ARIZONA CIVIL LAW

Ariz. Rev. Stat. Ann. § 12-514 - Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions

Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions

A. Notwithstanding §§ 12-505, 12-511 and 12-542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age and not afterward:

  1. An injury that a minor suffers as a result of another person’s negligent or intentional act if that act is a cause of sexual conduct or sexual contact committed against the minor.
  2. The failure to report pursuant to § 13-3620 sexual conduct or sexual contact committed against a minor.

B. For the purposes of this section:

  1. “Person” means an individual, the United States, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity.
  2. “Sexual conduct” means sexual conduct as proscribed by § 13-1405.
  3. “Sexual contact” has the same meaning prescribed in § 13-1401.
Ariz. Rev. Stat. Ann. § 12-542 - Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation

Except as provided in § 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

  1. For injuries done to the person of another including causes of action for medical malpractice as defined in § 12-561.
  2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.
  3. For trespass for injury done to the estate or the property of another.
  4. For taking or carrying away the goods and chattels of another.
  5. For detaining the personal property of another and for converting such property to one’s own use.
  6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
Ariz. Rev. Stat. Ann. § 12-502 - Effect of minority or insanity

If a person entitled to bring an action other than those set forth in article 2 of this chapter[1] is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.

Ariz. Rev. Stat. Ann. § § 12-722. Trafficking of persons; civil liability; applicability; remedies; joint and several liability; definitions
A. A person who engages in the trafficking of a person or who intentionally or knowingly benefits from participating in a venture that traffics another person is liable to the person trafficked for damages that arise from the trafficking of that person by the person or venture.
B. It is not a defense to liability under this section that the person was acquitted or has not been prosecuted for or convicted of an offense included in title 131 or has been convicted of a different offense, or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this section.
C. This section applies to any legal entity that is governed by title 10 or 29.2
D. Notwithstanding titles 10 and 29, if a legal entity is found responsible pursuant to this section, a shareholder, member or partner of that entity is jointly and severally liable with the entity to the person trafficked for damages that arise from the trafficking of that person if the person demonstrates that the shareholder, member or partner caused the entity to be used to traffic that person for the direct personal benefit of the shareholder, member or partner.
E. A claimant who prevails under this section:
1. Shall be awarded actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown, court costs and reasonable attorney fees.
2. In addition to an award under paragraph 1 of this subsection, may recover exemplary damages.
F. The rights and remedies provided in this section supplement any other rights and remedies provided by law, including common law rights.
G. A person who engages in the trafficking of a person or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found responsible under this section or other law for any amount of damages arising from the trafficking is jointly liable with any other person found to be liable for the entire amount of damages arising from the trafficking.
H. For the purposes of this section:
1. “Person” has the same meaning prescribed in § 13-105.
2. “Traffics another person” or “trafficking of a person” means conduct that constitutes an offense under § 13-1306, 13-1307, 13-1308, 13-3206 or 13-3212.
Case law

Doe v. Roe, 955 P.2d 951, 960-61 (Ariz. 1998) (recognizing discovery rule applies to toll SOL in cases involving repressed memories of child sex abuse).

CURRENT CRIMINAL SOL

CSA: There is no SOL for many felony CSA crimes. The SOL for all other felonies is 7 years after the State discovers the offense and 1 year after the State’s discovery for misdemeanors.  

Trafficking: There is no SOL for child sex trafficking.

CSAM: There is no SOL for sexual exploitation of a minor or commercial sexual exploitation of a minor.

CRIMINAL SOL SNAPSHOT

 

CSA

 NO SOL

TRAFFICKING

 NO SOL

CSAM

 NO SOL

 

CURRENT ARIZONA CRIMINAL LAW

Ariz. Rev. Stat. Ann. § 13-107 - Time limitations
A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title1 and that is a class 2 felony, any violent sexual assault pursuant to § 13-1423, any violation of § 13-2308.01, 13-2308.03 or 13-3212, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section and §§ 28-672, 28-1381 and 28-1382, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in § 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
Ariz. Rev. Stat. Ann. § 13-1423 - Violent sexual assault; natural life sentence

A. A person is guilty of violent sexual assault if in the course of committing an offense under § 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense under this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter.

B. Notwithstanding § 13-703, § 13-704, § 13-705, § 13-706, subsection A and § 13-708, subsection D, a person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on any basis for the remainder of the person’s natural life.

 

Ariz. Rev. Stat. Ann. § 13-1405 - Sexual conduct with a minor; classification

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to § 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed has been served or commuted.

Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the Arizona SOL in a particular case, contact a lawyer in the state.

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Last Updated: November 29, 2023