ARKANSAS

CHILD SEX ABUSE SOLs

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2023 SOL TRACKER

CURRENT CIVIL SOL

Summary:

CSA: There is no SOL for CSA civil claims, an open revival window for expired claims, and a 3-year discovery rule.

Trafficking: There is no SOL for some trafficking offenses and other trafficking offenses have an SOL of age 21.

CSAM: There is no SOL for some CSAM violations and other CSAM offenses have an SOL of age 21.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: NO SOL

TRAFFICKING: NO SOL

CSAM: NO SOL

REVIVAL LAW

2-YEAR WINDOW EXTENSION (CLOSES 1/31/26)

DISCOVERY TOLLING

3 YEARS

Changes Since 2002:

*Age Cap*
By 2002	CSA statute with SOL set at age 21 (age of majority, 18, plus 3 years), including for CSAM and trafficking offenses.[i]
2021	Extended its SOL to age 55 for CSA crimes, including some CSAM and trafficking offenses.[ii]
2023	Eliminated its SOL for CSA crimes, including some CSAM and trafficking offenses.[iii]

Revival Law
2021	Passed the Justice for Vulnerable Victims of Sexual Abuse Act, which opened a 2-year revival window for previously expired CSA, including some CSAM and trafficking offenses, and sexual abuse of disabled adults claims against all types of defendants from February 1, 2022 until January 31, 2024.[iv]
2023	Amended the Justice for Vulnerable Victims of Sexual Abuse Act, and extended the revival window so that it remains open until January 31, 2026.[v]

*Discovery*
Common Law	Arkansas has a common law discovery rule but has not applied it to CSA claims.^[vi]
Statutory	In 1993, Arkansas enacted a 3-year statutory discovery rule for CSA claims.^[vii] Victims may file claims within 3 years after discovering their injury and “the effect of the injury or condition attributable to the childhood sexual abuse.”^[viii] Arkansas courts have yet to interpret the discovery statute or determine its applicability. However, an Arkansas federal court did rule that the statute “cannot be used to revive” a time-barred claim,[ix] while another determined that the statute is not limited to actions against perpetrators.^[x] While Arkansas eliminated its SOL in 2023, its discovery statute remains in effect.[xi]

[i] Ark. Code Ann. §§16-56-130(a) (three-year SOL), 16-56-116 (minority tolling), 9-25-101 (age of majority).

[ii] Id. at §§ 16-118-118(a)(3) (age 55 SOL applies to “sexual abuse” committed against a minor, including the CSAM violation of engaging children in sexually explicit conduct for use in a visual or print medium and the trafficking offense of transporting minors for prohibited sexual conduct); 2021 Ark. Acts 1036 (S.B. 676).

[iii] Id; 2023 Ark. Acts 616 (S.B. 204).

[iv] Ark. Code Ann. § 16-118-118 (two-year window); 2021 Ark. Acts 1036 (S.B. 676).

[v] Ark. Code Ann. § 16-118-118 (two-year window); 2023 Ark. Acts 616 (S.B. 204).

[vi] See McEntire v. Malloy, 707 S.W.2d 773, 775–76 (Ark. 1986).

[vii] Ark. Code Ann. § 16-56-130.

[viii] Id.

[ix] Miller, supra note 97.

[x] See Kolbek v. Twenty First Century Holiness Tabernacle Church, Inc., No. 10-CV-4124, 2013 WL 6816174, at *7 (W.D. Ark. Dec. 24, 2013) (finding “no reason to limit the application of § 16–56–130 to claims against perpetrators”).

[xi] Ark. Code Ann. § 16-118-118 (two-year window); 2023 Ark. Acts 616 (S.B. 204).

ARKANSAS SURVIVOR TOOLKIT

CURRENT ARKANSAS CIVIL LAW

Ark. Code Ann. § 16-118-118 - Civil action for vulnerable victims of sexual abuse

(a) As used in this section:

(1) “Disability” means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent;

(2) “Minor” means a person of under eighteen (18) years of age;

(3) “Sexual abuse” means the commission of one (1) or more of the following acts or offenses:

(A) Rape, § 5-14-103;

(B) Sexual assault in the first degree, § 5-14-124;

(D) Engaging children in sexually explicit conduct for use in a visual or print medium, § 5-27-303;

(E) Transportation of minors for prohibited sexual conduct, § 5-27-305;

(F) Use of children in sexual performances, § 5-27-401 et seq.;

(G) Unlawful sexual contact with a vulnerable victim; and

(H) Unlawful sexually explicit conduct with a vulnerable victim;

(4) “Sexual contact” means the same as defined in § 5-14-101;

(5) “Sexually explicit conduct” means the same as defined in § 5-27-302; and

(6) “Vulnerable victim” means a person who was either a person with a disability, a minor, or both at the time he or she was a victim of sexual abuse.

(b)(1) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a vulnerable victim may bring a civil action against any party who committed sexual abuse against the vulnerable victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse.

(2) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a civil action similar to a civil action described in subdivision (b)(1) of this section, including a cause of action arising before, on, or after July 28, 2021, that was barred or dismissed due to a statute of limitation is revived, and the civil action may be commenced not earlier than six (6) months after and not later than thirty (30) months after the effective date of this act.

(c) This section does not apply to a claim that has been litigated to finality on the merits in any court of competent jurisdiction before July 28, 2021.

(d) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief in a civil action under this section.

Ark. Code Ann. § 16-56-130 - Civil actions based on sexual abuse--Limitations period following discovery

(a) Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.

(b)(1) A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party’s first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party’s discovery of the effect of the series of acts.

(2) It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.

(c) For the purposes of this section:
(1) “Childhood sexual abuse” means sexual abuse which occurred when the injured person was a minor;
(2) “Minor” means a person of less than eighteen (18) years of age; and
(3) “Time of discovery” means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.

Case law

Kolbek v. Twenty First Cent. Holiness Tabernacle Church, Inc., No. 10-CV-4124, 2014 WL 348592, at *2 (W.D. Ark. Jan. 31, 2014), aff’d, 576 F. App’x 647 (8th Cir. 2014) – Discovery rule only applies to perpetrators.

McEntire v. Malloy, 707 S.W.2d 773, 775-76 (Ark. 1986) (common law discovery rule not adapted to child sexual abuse claims).

Miller v. Subiaco Acad., 386 F. Supp. 2d 1025, 1029 (W.D. Ark. 2005) (a statute “cannot be used to revive” a time-barred claim and is not limited to actions against perpetrators).

CURRENT CRIMINAL SOL

Summary:

CSA: There is no SOL for some CSA crimes, including but not limited to felony rape, sex assault, incest, and exploitation. Other CSA felonies and misdemeanors have an SOL of age 28. Any remaining felonies have an SOL of six years from the offense or one year for misdemeanors.

Trafficking: The SOL for felony trafficking is 6 years from the offense. The SOL for trafficking misdemeanors is 1 year from the offense.

CSAM: There is no SOL for engaging children in sexually explicit conduct for use in a visual or print medium or for computer exploitation of a child in the first degree. The SOL for other computer child pornography violations is age 28.

CRIMINAL SOL SNAPSHOT

CSA	NO SOL
TRAFFICKING	6 YEARS FROM THE OFFENSE
CSAM	NO SOL

Changes Since 2002:

*Age Cap*
2002	15 years from the offense for felony rape and for some CSA felonies it was age 24 (age of majority, 18, plus 6 years) if the crime was not previously reported to police. The remaining felonies, including trafficking, had an SOL of 6 years from the offense and 1 year for misdemeanors.[i]
2003	Added more sexual abuse crimes to the list of offenses for which the 6-year SOL could be tolled until age 18.[ii]
2005	Extended the SOL with a DNA rule that stops the SOL from running until the perpetrator is identified by DNA evidence.[iii]
2009	Eliminated the SOL if the perpetrator is identified by DNA evidence.[iv]
2011	Extended the SOL for many sex abuse felonies and misdemeanors to age 28, including computer child pornography offenses.[v]
2013	Eliminated the criminal SOL for felony rape, sex assault, incest, exploitation, transporting minors for sexual conduct, some CSAM offenses, and others.[vi]
2021	Expanded DNA rule, eliminating the SOL for prosecuting perpetrators newly identified by DNA testing.[vii]
2023	Added the misdemeanor crimes of sexual indecency with a child and offensive relations with a child and set the SOL at 1 year from the offense.[viii]

[i] Id. at §§ 5-1-109 (2002) (SOL), 5-18-103 (trafficking).

[ii] Id. (2003) (SOL).

[iii] Id. (2005) (SOL).

[iv] Id. (2009) (SOL).

[v] Id. (2011) (SOL).

[vi] Id. (2013) (SOL).

[vii] Id.; 2021 Ark. Acts 1087 (H.B. 1670).

[viii] See Ark. Code Ann. §§ 5-14-110(a) (sexual indecency), 5-27-208 (offensive relations); 2023 Ark. Acts 619 (S.B. 270); 2023 Ark. Acts 738 (H.B. 1647).

CURRENT ARKANSAS CRIMINAL LAW

Ark. Code. Ann. § 5-1-109 - Statute of limitations

(a)(1) A prosecution for the following offenses may be commenced at any time:

(A) Capital murder, § 5-10-101;

(B) Murder in the first degree, § 5-10-102;

(D) Rape, § 5-14-103, if the victim was a minor at the time of the offense;

(E) Sexual indecency with a child, § 5-14-110, if the offense is a felony;

(F) Sexual assault in the first degree, § 5-14-124;

(G) Sexual assault in the second degree, § 5-14-125, if the victim was a minor at the time of the offense;

(H) Incest, § 5-26-202, if the victim was a minor at the time of the offense;

(I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;

(J) Transportation of minors for prohibited sexual conduct, § 5-27-305;

(K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402;

(L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;

(M) Computer exploitation of a child in the first degree, § 5-27-605; and

(N) Fertility treatment fraud, § 5-37-220.

(2) A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age:

(A) Sexual assault in the third degree, § 5-14-126;

(B) Sexual assault in the fourth degree, § 5-14-127;

(D) Permitting abuse of a minor, § 5-27-221; and

(E) Possession or use of child sexual abuse material, § 5-27-603.

(3) A prosecution for arson, § 5-38-301(a)(1)(G), may be commenced within ten (10) years after the offense was committed.

(4) A prosecution for failure to notify by a mandated reporter in the first degree, § 12-18-201, and failure to notify by a mandated reporter in the second degree, § 12-18-202, if the child victim in question was subject to child maltreatment, may be commenced by the later of the following:

(A) Ten (10) years after the child victim reaches eighteen (18) years of age; or

(B) The period of limitation for an offense underlying the child maltreatment.

(b) Except as otherwise provided in this section, a prosecution for another offense shall be commenced within the following periods of limitation after the offense’s commission:

(1)(A) Class Y felony or Class A felony, six (6) years.

(B) However, for rape, § 5-14-103, the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile;

(2)(A) Except as provided in subdivision (b)(2)(B)(i) of this section, Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years.

(B)(i) A prosecution may be commenced for a violation of § 23-66-502 as follows:

(a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or

(b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim.

(ii) If a prosecution could not be commenced within the time period prescribed by subdivision (b)(2)(B)(i) of this section because it was not reasonably possible to discover the alleged fraud at the time of the violation, the time period prescribed shall be extended for a period of three (3) years.

(iii) The period of limitation under this subdivision (b)(2)(B) may not extend more than ten (10) years after the date of the violation of § 23-66-502;

(3)(A) Misdemeanor or violation, one (1) year.

(B) However, for a nine-point or greater violation of an Arkansas State Game and Fish Commission regulation or rule, the period of limitation is three (3) years; and

(4) Municipal ordinance violation, one (1) year unless a different period of time not to exceed three (3) years is set by ordinance of the municipal government.

(c) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for:

(1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and

(2)(A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner.

(B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense.

(d) A defendant may be convicted of any offense included in the offense charged, notwithstanding that the period of limitation has expired for the included offense, if as to the offense charged the period of limitation has not expired or there is no period of limitation, and there is sufficient evidence to sustain a conviction for the offense charged.

(e)(1) For the purposes of this section, an offense is committed either when:

(A) Every element occurs; or

(B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant’s complicity in the course of conduct is terminated.

(2) Time starts to run on the day after the offense is committed.

(f) A prosecution is commenced:

(1) When a person is arrested or issued a citation by a law enforcement officer based upon probable cause;

(2) When an arrest warrant is issued by a judge, provided that the arrest warrant is sought to be executed without unreasonable delay; or

(3) Upon the filing of an indictment, information, or other charging instrument.

(g) The period of limitation does not run:

(1)(A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state.

(B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or

(2) During any period when a prosecution against the accused for the same conduct is pending in this state.

(h) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for a violation of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the period prescribed in subsection (b) of this section has not expired since the victim has reached eighteen (18) years of age:

(1) Battery in the first degree, § 5-13-201;

(2) Battery in the second degree, § 5-13-202;

(3) Aggravated assault, § 5-13-204;

(4) Terroristic threatening in the first degree, § 5-13-301;

(5) Kidnapping, § 5-11-102;

(6) False imprisonment in the first degree, § 5-11-103;

(7) Permanent detention or restraint, § 5-11-106; and

(8) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any offense listed in this subsection, §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401.

(i) When deoxyribonucleic acid (DNA) testing implicates a person identified through a search of the State DNA Data Base or National DNA Index System, a statute of limitation shall not preclude prosecution of the offense.

(j)(1) For an offense occurring after July 28, 2021, if the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for an offense listed under subdivision (j)(2) of this section within five (5) years of the expiration of the limitations otherwise provided for under this section or for an offense listed under subdivision (j)(3) of this section within three (3) years of the expiration of the limitations otherwise provided for under this section, if the offense has not previously been reported to a law enforcement agency or prosecuting attorney and:

(A) The state discovers deoxyribonucleic acid (DNA) evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired;

(B) The state becomes aware of the existence of an audio or video recording, a photograph, or a written or electronic communication that provides evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired;

(D) Three (3) or more persons also victimized by the defendant present other evidence of the commission of an offense listed under subdivision (j)(2) of this section, as well as the commission of domestic battering in the third degree, § 5-26-305, or first degree assault on a family or household member, § 5-26-307, to a law enforcement agency or prosecuting attorney against the same defendant.

(2) The applicable offenses under this subdivision (j)(2) are:

(A) Domestic battering in the first degree, § 5-26-303;

(B) Domestic battering in the second degree, § 5-26-304; and

(3) The applicable offenses under this subdivision (j)(3) are:

(A) Domestic battering in the third degree, § 5-26-305; and

(B) First degree assault on a family or household member, § 5-26-307.

(4) As used in this subsection, “state” means a local law enforcement agency, prosecuting attorney’s office, or other law enforcement agency with jurisdiction over the alleged offense.

Case Law

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

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Last Updated: September 12, 2023