NEW HAMPSHIRE

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.

CURRENT CIVIL SOL

CSA: There is no SOL for incest and sexual assault of minors against any defendants and there is a permanent revival window for expired claims. The remaining claims have an SOL of age 30.

Trafficking: The SOL for trafficking claims is age 28 or 10 years after release from the trafficking situation, whichever is later.

CSAM: The SOL for CSAM claims is age 20.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: None

Trafficking: Age 28

CSAM: Age 20

REVIVAL LAW

None

DISCOVERY TOLLING

None

CURRENT NEW HAMPSHIRE CIVIL LAW

N.H. Rev. Stat. Ann. § 508:4-g - Actions Based on Sexual Assault and Related Offenses.

A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2 may commence a personal action at any time.

Case law

Conrad v. Hazen, 140 N.H. 249, 252 (1995). The New Hampshire Supreme Court held that when the legislature amended § 508:4—the general tort statute of limitations—to reduce the limitations period from six to three years, the change was prospective and left intact the six-year statute of limitations (including the accrual discovery rule) for causes of action arising prior to July 1, 1986.

Michaud v. McAnaney, No. CIV. 06-CV-408-SM, 2007 WL 2790672, at *1 (D.N.H. Sept. 25, 2007). In 2005 when the legislature enacted§ 508:4-G—the specific child sex abuse statute of limitations—it did not reduce the limitations period from six to three years for causes of action arising prior to July 1, 1986.

CURRENT CRIMINAL SOL

CSA: The SOL is age 40 for sexual assault and incest, age 24 for other felonies, and age 19 for misdemeanors.

Trafficking: The SOL is age 38 for trafficking offenses.

CSAM: The SOL for CSAM violations is 6 years from the offense.

CRIMINAL SOL SNAPSHOT

 

CSA

Age 40

TRAFFICKING

Age 38

CSAM

6 years from offense

CURRENT NEW HAMPSHIRE CRIMINAL LAW

N.H. Rev. Stat. Ann. § 625:8 - Limitations

I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

(a) For a class A felony, 6 years;

(b) For a class B felony, 6 years;

(c) For a misdemeanor, one year;

(d) For a violation, 3 months.

(e) For an offense defined by RSA 282-A, 6 years.

(f) For an offense defined in RSA 638:1, III-a, 2 years.

II. Murder may be prosecuted at any time.

II-a. [Repealed.]

III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:

(a) Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty.

(b) For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter.

(c) For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter.

(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim’s eighteenth birthday.

(e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.

(f) For any offense under RSA 153:24 and RSA 153:5, the state fire code, within one year of its discovery.

(g) For any offense under RSA 641:1 through 641:7, if committed with the purpose to assist in a murder, to conceal a murder, or to conceal or hinder the investigation or apprehension of an individual responsible for murder, at any time.

(h) For any violation-level offense involving a motor vehicle accident resulting in death or serious bodily injury, within 6 months of the accident.

(i) For any offense under RSA 633:7, within 20 years, except where the victim was under 18 years of age when the alleged offense occurred, in which case within 20 years of the victim’s eighteenth birthday.

IV. Time begins to run on the day after all elements of an offense have occurred or, in the case of an offense comprised of a continuous course of conduct, on the day after that conduct or the defendant’s complicity therein terminates.

V. A prosecution is commenced on the day when a warrant or other process is issued, an indictment returned, or an information is filed, whichever is the earliest.

VI. The period of limitations does not run:

(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or

(b) During any time when a prosecution is pending against the accused in this state based on the same conduct.

Case Law

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

Last Updated: December 5, 2023