ALASKA
CHILD SEX ABUSE SOLs
Historical CSA SOL Treatise
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CURRENT CIVIL SOL
CSA: There is no civil SOL for sexual abuse or assault claims against perpetrators. The SOL is age 21 or 3 years from discovery for some other CSA claims against perpetrators, and the SOL is age 20 or 2 years from discovery for the remaining CSA claims against all defendants.
Trafficking: There is no SOL for trafficking claims against perpetrators.
CSAM: There is no SOL for unlawful exploitation of a minor claims against perpetrators.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: NONE TRAFFICKING: NONE CSAM: NONE |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 2-3 YEARS |
CURRENT ALASKA CIVIL LAW
Alaska Stat. Ann. § 09.10.065 - Commencement of actions for acts constituting sexual offenses
(a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses:
(1) felony sexual abuse of a minor;
(2) felony sexual assault;
(3) unlawful exploitation of a minor;
(4) felony sex trafficking; or
(5) felony human trafficking.
(b) Unless the action is commenced within three years of the accrual of the claim for relief, a person may not bring an action for conduct that would have, at the time the conduct occurred, violated the provisions of any of the following offenses:
(1) misdemeanor sexual abuse of a minor;
(2) misdemeanor sexual assault;
(3) incest; or
(4) felony indecent exposure.
Alaska Stat. Ann. § 09.10.140 - Disabilities of minority and incompetency
(a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.
(b) An action based on a claim of sexual abuse under AS 09.55.650 that is subject to AS 09.10.065(b) may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the following circumstances:
(1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition;
(2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an assertion of more than one act of sexual abuse is not limited to plaintiff’s first discovery of the relationship between any one of those acts and the injury or condition, but may be based on plaintiff’s discovery of the effect of the series of acts.
(c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time period before the person’s eighth birthday is not a part of the time limit imposed under AS 09.10.070(a) for commencing the civil action.
Alaska Stat. Ann. § 09.55.650 - Claim based on sexual abuse to a minor under 16 years of age
(a) A person who, as a minor under 16 years of age, was the victim of sexual abuse may maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator’s intentional conduct for an injury or condition suffered as a result of the sexual abuse.
(b) If the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff is not required to prove which specific act caused the injury.
(c) In this section, “sexual abuse” means an act committed by the defendant against the plaintiff maintaining the cause of action if the defendant’s conduct would have violated a provision of AS 11.41.410–11.41.440 or 11.41.450–11.41.458, former AS 11.15.120, 11.15.134, or 11.15.160, or former AS 11.40.110 at the time it was committed.
Case law
Reasner v. State Dep’t of Health & Soc. Servs., 394 P.3d 610, 614 (Alaska 2017), as amended (May 19, 2017) (discussing common law discovery rule and when claim accrues for child sex abuse).
Catholic Bishop of N. Alaska v. Does 1-6, 141 P.3d 719, 725 (Alaska 2006) (recognizing common law discovery rule can toll SOL for delayed discovery of child sex abuse).
Dapo v. State, 454 P.3d 171, 175 (Alaska 2019) (discussing applicability of statute of repose to child sex abuse claims).
CURRENT CRIMINAL SOL
CSA: There is no SOL for many CSA crimes. The SOL for remaining felonies and misdemeanors is 5 years from the offense.
Trafficking: There is no SOL for felony sex trafficking violations when the victim is under age 20.
CSAM: There is no SOL for unlawful exploitation of a minor or distribution of child pornography.
CRIMINAL SOL SNAPSHOT
CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | NO SOL |
CURRENT ALASKA CRIMINAL LAW
Alaska Stat. Ann. § 12.10.010 - General time limitations
(a) Prosecution for the following offenses may be commenced at any time:
(1) murder;
(2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder;
(3) felony sexual abuse of a minor;
(4) sexual assault that is an unclassified, class A, or class B felony or a violation of AS 11.41.425(a)(2)–(4);
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450–11.41.458, AS 11.66.110–11.66.130, or former AS 11.41.430, when committed against a person who, at the time of the offense, was under 18 years of age;
(6) kidnapping;
(7) distribution of child pornography in violation of AS 11.61.125;
(8) sex trafficking in violation of AS 11.66.110–11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age;
(9) human trafficking in violation of AS 11.41.360 or 11.41.365.
(b) Except as otherwise provided by law or in (a) of this section, a person may not be prosecuted, tried, or punished for an offense unless the indictment is found or the information or complaint is instituted not later than
(1) 10 years after the commission of a felony offense in violation of AS 11.41.120–11.41.330, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450–11.41.458; or
(2) five years after the commission of any other offense.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Alaska SOL in a particular case, contact a lawyer in the state.
Last Updated: November 29, 2023