ALASKA
CHILD SEX ABUSE SOLs
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 |
Civil SOL History
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Age Cap |
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1990 |
SOL for claims against perpetrators for sexual abuse of a minor under age 16 was age 21 (age of majority, 18, plus 3 years).[i] SOL for other claims against perpetrators and other defendants was age 20 (age of majority, 18, plus 2 years).[ii] |
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2001 |
Eliminated the SOL for claims against a perpetrator for felony sexual abuse of a minor and sexual assault. |
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2003 |
Eliminated the SOL for claims against perpetrators for felony unlawful exploitation of a minor, which includes CSAM offenses. Extended the SOL to age 21 (age of majority, 18, plus 3 years) for claims against a perpetrator for incest, felony indecent exposure, misdemeanor sexual abuse of a minor, and misdemeanor sexual assault.[iii] |
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2013 |
Eliminated the SOL for claims against a perpetrator for felony sex trafficking.[iv] |
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Revival Law |
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N/A |
No window or other SOL revival law. |
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Discovery |
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Common Law |
The common law discovery rule applies to claims from the 1950s, providing that the 2-year SOL doesn’t accrue until “a reasonable person has enough information to alert that person that he or she has a potential cause of action or should begin an inquiry to protect his or her rights.”[v] This rule applies to claims against all types of defendants, including entities and the government.[vi] There is a narrow statute of repose that can limit the discovery rule to 10 years after abuse occurs, but only if the claim does not result from an intentional act, gross negligence, fraud, misrepresentation, or breach of trust or fiduciary duty.[vii] |
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Statutory |
In 1990, Alaska added a statutory discovery rule allowing a plaintiff to bring a claim of sexual abuse 3 years after they discovered that the abuse caused an injury or condition, if the plaintiff was under the age of sixteen when the abuse occurred.[viii] Alaska eliminated the civil SOL for claims against a perpetrator for felony sexual abuse of a minor and sexual assault in 2001, unlawful exploitation in 2003, and felony sex trafficking in 2013, and so a discovery rule is no longer applicable or necessary for these claims. |
[i] Alaska Stat. Ann. § 09.55.650 (1990) (sex abuse statute).
[ii] Id. at §§ 09.10.140 (1990) (minority tolling), 09.10.170 (1990) (stay statute), 25.20.010 (1990) (age of majority).
[iii] Id. at §§ 09.10.065 (2003) (SOL), 09.10.140 (2003) (minority tolling), 25.20.010 (2003) (age of majority).
[iv] Id. at § 09.10.065 (2013) (SOL).
[v] Reasner v. State Dep’t of Health & Soc. Servs., 394 P.3d 610, 616 (Alaska 2017) as amended (May 19, 2017). See also 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 CSA).
[vi] Id.
[vii] Alaska Stat. Ann. § 09.10.055; Dapo v. State, 454 P.3d 171, 175 (Alaska 2019) (discussing applicability of statute of repose to CSA claims).
[viii] Alaska Stat. Ann. § 09.10.140 (providing “three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition”). See Alaska Stat. Ann. § 09.55.650 (describing conduct that falls within the statutory definition of “sexual abuse”). Alaska courts have not yet interpreted the discovery provisions of this statute.
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 |
Criminal SOL History
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Age Cap |
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By 2001 |
Had eliminated the criminal SOL for felony sexual abuse of a minor, sex trafficking, and many other crimes involving CSA, including misdemeanor sexual assault in the fourth degree and for the CSAM offense of unlawful exploitation of a minor.[i] Other felonies and misdemeanors had an SOL of 5 years from the crime.[ii] |
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2013 |
Eliminated the SOL for more felonies, including distribution of child pornography and sex trafficking of a person ages 18–20.[iii] |
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2019 |
Added the crime of solicitation or production of an indecent picture of a minor and set the SOL at 5 years from the offense.[iv] |
[i] Id. at § 12.10.010(a)(4).
[ii] Id. at § 12.10.010(b)(2) (five years).
[iii] Id. at § 12.10.010 (ten years).
[iv] Id. at §§ 11.61.124, 12.10.010(b)(2).
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