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North Dakota SOL
Sex Abuse SOL

NORTH DAKOTA 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 2025 SOL Tracker, you have robust research to back up your investigation into the SOL for each client.

Current Civil SOL

CSA: The civil SOL for CSA claims against all defendants is age 36 for minors abused under age 15, and 21 years after the abuse for minors abused at age 15-17.

Trafficking: The civil SOL for trafficking claims is age 28.

CSAM: The civil SOL for CSAM claims is age 36 for minors abused under age 15, and 21 years after the abuse for minors abused at age 15-17.

Civil SOL Snapshot
Age Cap

CSA: AGE 36-38

Trafficking: AGE 28

CSAM: AGE 36-38
Revival Law NONE
Discovery Tolling

NONE

Current Criminal SOL

CSA: The SOL is age 36 for victims under age 15. The SOL is 2 or 3 years from the offense for other felonies and misdemeanors, with a DNA rule.

Trafficking: The SOL is age 22 for human trafficking of victims under age 15, while the SOL is 7 years for trafficking of victims aged 15 and older. 

CSAM: The SOL for CSAM violations is 3 years from the offense.

Criminal SOL Snapshot
CSA AGE 36
Trafficking AGE 22
CSAM 3 YEARS FROM OFFENSE

Current North Dakota Civil Law

N.D. CENT. CODE ANN. § 28-01-18 - ACTIONS HAVING TWO-YEAR LIMITATIONS
Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued:
1. An action for libel, slander, assault, battery, or false imprisonment.
2. An action upon a statute for a forfeiture or penalty to the state.
3. An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25.
4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.
5. An action for recovery of damages arising under chapter 5-01, and the claim for relief is deemed to have accrued at the time of the alleged offense. This limitation does not apply to any claim for relief existing at the time of the enactment of this subsection.
N.D. CENT. CODE ANN. § 28-01-25.1 - LIMITATION ON ACTIONS ALLEGING CHILDHOOD SEXUAL ABUSE
1. Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within twenty-one years after the potential claim resulting from alleged childhood sexual abuse accrued.
2. If the plaintiff was under fifteen years of age when the act resulting in a potential claim for childhood sexual abuse occurred, the applicable twenty-one year period of limitation does not begin to run until the plaintiff has reached fifteen years of age.
3. 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 eighteen years of age and which would have been a violation of chapter 12.1-20 or 12.1-27.2.
4. 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.
N.D. CENT. CODE ANN. § 28-01-25 - DISABILITIES EXTEND LIMITATIONS ON ACTIONS GENERALLY--EXCEPTIONS
If a person who is entitled to bring an action other than for the recovery of real property, or for a penalty or forfeiture, or against a sheriff or other officer for an escape is:
1. Under the age of eighteen years;
2. Insane; or
3. Imprisoned on a criminal charge or in execution under the sentence of a criminal court for a term less than for life,

 

at the time the claim for relief accrues, the time of such disability is not a part of the time limited for the commencement of the action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging professional malpractice, the extension of the limitation due to infancy is limited to twelve years.
N.D. CENT. CODE ANN. § 12.1-41-15 - CIVIL ACTION
1. A victim may bring a civil action against a person that commits an offense against the victim under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 for compensatory damages, exemplary or punitive damages, injunctive relief, and any other appropriate relief.
2. If a victim prevails in an action under this section, the court shall award the victim reasonable attorney’s fees and costs.
3. An action under this section must be commenced not later than ten years after the later of the date on which the victim:
a. No longer was subject to human trafficking; or
b. Attained eighteen years of age.
4. Damages awarded to a victim under this section for an item must be offset by any restitution paid to the victim pursuant to section 12.1-41-09 for the same item.
5. This section does not preclude any other remedy available to a victim under federal law or law of this state other than this chapter.
CASE LAW

Current North Dakota Criminal Law

N.D. CENT. CODE ANN. § 29-04-02 - PROSECUTION FOR FELONY OTHER THAN MURDER WITHIN THREE YEARS

Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission. Prosecution of felony offenses under chapter 12.1-23 must be commenced within the later of three years of commission of the last act that is an element of the offense, three years of discovery of the stolen property, or three years of discovery of the loss of the property or services. Nothing in this section prevents a person prosecuted for murder from being found guilty of any included offense and punished accordingly.

N.D. CENT. CODE ANN. § 29-04-02.1 - PROSECUTION FOR GROSS SEXUAL IMPOSITION OR HUMAN TRAFFICKING

Except as otherwise provided by law, a prosecution for a violation of subdivision a of subsection 1 of section 12.1-20-03 or for the crime of human trafficking must be commenced in the proper court within seven years after the commission of the offense.

N.D. CENT. CODE ANN. § 29-04-03 - PROSECUTION FOR MISDEMEANOR OR INFRACTION WITHIN TWO YEARS

A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be commenced within two years after its commission. Prosecution of misdemeanor offenses under chapter 12.1-23 must be commenced within the later of two years of commission of the last act that is an element of the offense, two years of discovery of the stolen property, or two years of discovery of the loss of the property or services.

N.D. CENT. CODE ANN. § 29-04-03.1 - PROSECUTION FOR SEXUAL ABUSE OF MINORS
  1. Except as provided in subsection 2, a prosecution for a violation of sections 12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under eighteen years of age at the time the offense was committed must be commenced in the proper court within twenty-one years after the commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.

 

  1. If, based upon evidence containing deoxyribonucleic acid or a fingerprint obtained at the time of offense, a suspect is conclusively identified by deoxyribonucleic acid testing after the time period prescribed in subsection 1 has expired, a prosecution may be commenced within three years after the suspect is conclusively identified by the deoxyribonucleic acid testing or fingerprint authentication.
N.D. CENT. CODE ANN. § 29-04-03.2 - STATUTE OF LIMITATIONS AS TO CHILD VICTIM

If the victim of a violation of chapter 12.1-20 or of the crime of human trafficking is under the age of fifteen, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of fifteen.

CASE LAW

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

Last Updated: November 15, 2023