Summary
Track |
Status |
Governing provision |
| Criminal | Partly removed | N.Y. Crim. Proc. Law § 30.10 |
| Civil | Deadline applies | N.Y. C.P.L.R. § 208(b) |
| Civil Revival | Window closed | N.Y. C.P.L.R. § 214-g |
Statutory text verified against primary sources; every link checked and confirmed working 5 September 2026.
Criminal - prosecuting
| Status | Partly removed |
| Citation | N.Y. Crim. Proc. Law § 30.10 — most recent revision 26 July 2024 |
| The rule |
No limitation: may be prosecuted at any time , § 30.10(2)(a): any class A felony; rape in the first degree (Penal Law § 130.35); a crime defined or formerly defined in Penal Law § 130.50; aggravated sexual abuse in the first degree (§ 130.70); course of sexual conduct against a child in the first degree (§ 130.75); incest in the first degree (§ 255.27). 20 years from the act, or 10 years from first report to law enforcement: whichever is earlier, § 30.10(2)(a-1): rape in the second degree (§ 130.30(2)); criminal sexual act in the second degree (§ 130.45(2)); incest in the second degree (§ 255.26). 10 years from the act, § 30.10(2)(a-2): rape in the third degree (§ 130.25(1), (3)); criminal sexual act in the third degree (§ 130.40(1), (3)). 5 years: any other felony, § 30.10(2)(b). 2 years, misdemeanor, § 30.10(2)(c). 1-year petty offense, § 30.10(2)(d). 5 years from the most recent act, course of sexual conduct against a child in the second degree, § 30.10(3)(e). Child victims: the clock does not start until the child turns 23, or the offense is reported to law enforcement or the statewide central register, whichever is earlier — § 30.10(3)(f). |
| Sources |
Civil - suing
| Status | Deadline applies |
| Citation | N.Y. C.P.L.R. § 208(b) — most recent revision 15 February 2019 (Child Victims Act, L.2019, c. 11, § 2) |
| The rule |
A claim for injury resulting from conduct that would constitute a sexual offense under Penal Law article 130, incest under Penal Law §§ 255.25–255.27, or use of a child in a sexual performance under Penal Law § 263.05, committed against a person under 18, may be brought against any party whose intentional or negligent acts or omissions are alleged to have resulted in that conduct, on or before the plaintiff reaches the age of 55. No notice of claim or notice of intention to file a claim is required, including against government defendants. |
| Sources |
Civil revival window
| Status | Window closed |
| Citation | N.Y. C.P.L.R. § 214-g — most recent revision 16 October 2020 (Child Victims Act, added L.2019, c. 11, § 3; amended L.2020, c. 130, § 1) |
| Window | 14 August 2019 – 14 August 2021. The statute allows a revived action to be commenced “not earlier than six months after, and not later than two years and six months after” the 14 February 2019 effective date. As enacted the outside limit was 14 August 2020; the 2020 amendment extended it by one year. |
| The rule |
Revived every claim for injury from a Penal Law article 130 sexual offense, incest under §§ 255.25–255.27, or use of a child in a sexual performance under § 263.05, committed against a child under 18, that was time-barred as of 14 February 2019 or on which the plaintiff had failed to file a notice of claim. Dismissal of an earlier action as time-barred is not a ground to dismiss the revived action. Upheld in the Second, Third and Fourth Departments: Schearer v. Fitzgerald, 217 A.D.3d 980 (2d Dep’t 2023); Matarazzo v. CHARLEE Family Care, Inc., 218 A.D.3d 941 (3d Dep’t 2023); PB-36 Doe v. Niagara Falls City School District, 213 A.D.3d 82 (4th Dep’t 2023). |
| Sources |
Reforms, court decisions and bills to track
| Recent reforms | The national bill-and-case tracker (25 July 2026) holds no New York entries in Recent reforms, Court decisions or Bills to track. |
| Court decisions | |
| Bills to track |
Gap to close: the 2019 Child Victims Act and its 2020 extension are not listed under Recent reforms, and the New York Court of Appeals decisions on § 214-g are absent from Court decisions.
Notes
| No additional notes |
Legal information, not legal advice.