CALIFORNIA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
Summary:
CSA: The SOL for civil CSA claims against all defendants is age 40, with a discovery rule of 5 years.
Trafficking: The SOL for trafficking offenses is age 28.
CSAM: The SOL for CSAM offenses is age 40.
CIVIL SOL SNAPSHOT
AGE CAP |
CSA: AGE 40 TRAFFICKING: AGE 28 CSAM: AGE 40 |
REVIVAL LAW |
REVIVAL UP TO AGE 40 |
DISCOVERY TOLLING |
5 YEARS |
Changes Since 2002:
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Age Cap |
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2002 |
CSA cause of action had SOL of age 26 (age of majority plus 8 years).[i] |
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2006 |
Adopted a human trafficking statute with an SOL of age 26 (age of majority plus 8 years).[ii] |
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2008 |
Broadened liability for local public entities for CSA by removing the claim presentment requirement for suing them.[iii] |
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2015 |
Extended SOL for human trafficking to age 28 (age of majority, 18, plus 10 years).[iv] |
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2019 |
Extended SOL for CSA, including CSAM offenses, to age 40 (age of majority, 18, plus 22 years).[v] |
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2022 |
Broadened liability for all government entities for CSA by removing the claim presentment requirement for suing them.[vi] |
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Revival Law |
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2002 |
Enacted a 1-year window for previously expired CSA claims from January 1, 2003 until December 31, 2003, that was effectively only applicable to claims against non-perpetrator individuals and non-government entities.[vii] |
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2019 |
Revived claims until a survivor reaches age 40 and opened a 3-year revival window for CSA survivors of any age starting January 1, 2020 (closed December 31, 2022). Claims were revived against all types of defendants, including government entities, and victims could recover treble damages against any defendant who covered up the abuse.[viii] |
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Discovery |
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Common Law |
California recognized a 1-year common law discovery rule for CSA claims in the 1980’s.[ix] |
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Statutory |
In 1991, it adopted a 3-year statutory discovery rule running from when an individual discovers or should have discovered that their injury was caused by abuse.[x] The applicability of the discovery rule statute was interpreted narrowly by several California Supreme Court decisions[xi] and the legislature amended it several times for clarification.[xii] By 2002, the 3-year discovery rule applied to claims against all types of defendants and did away with the prior age cutoff for claims against third parties.[xiii] Nevertheless, the discovery rule was ineffective for claims against government entities where a victim failed to satisfy the claim presentment requirement.[xiv] Finally, in 2019, the legislature again amended the discovery rule, extending it to 5 years and stipulating that it is retroactive and revives claims during the 3-year window[xv] and afterwards. Additionally, the discovery rule applies to claims against any type of defendant—perpetrators, individuals, private entities, and the government.[xvi] |
[i] Cal. Civ. Proc. Code § 340.1 (age twenty-six SOL).
[ii] Cal. Civ. Code § 52.5(c) (2006).
[iii] Cal. Gov’t Code § 905(m) (government liability). This was expanded again in 2019 when the legislature amended section 935 to prevent local public entities from prescribing their own claim presentment requirements for CSA claims. Cal. Gov’t Code § 935(f). See Big Oak Flat-Groveland Unified Sch. Dist. v. Superior Court, 21 Cal.Rptr.3d 345 (Cal. Ct. App. 2018), transferred with directions to vacate, 444 P.3d 665 (Cal. 2019) (directing the Court of Appeal to reconsider the original holding that local public entities were authorized to impose their own claim presentment requirements for CSA claims, in light of the legislature’s amendment of California Government Code section 935).
[iv] Cal. Civ. Code § 52.5(c) (2015).
[v] Cal. Civ. Proc. Code § 340.1 (age forty SOL); A.B. 218, 2019 Gen. Assemb., Reg. Sess. (Cal. 2019).
[vi] Cal. Civ. Proc. Code § 340.1(s); A.B. 2959, 2022 Gen. Assemb., Reg. Sess. (Cal. 2022).
[vii] Cal. Civ. Proc. Code § 340.1 (one-year window); S.B. 1779, 2002 Sen., Reg. Sess. (Cal. 2002). See also Deutsch v. Masonic Homes of California, Inc., 80 Cal. Rptr. 3d 368, 372 (2008) (determining the window “permitted plaintiffs whose claims of sexual abuse had expired to revive those claims against individuals or entities owing a duty of care to those plaintiffs and whose acts constituted a legal cause of the sexual abuse”); Shirk v. Vista Unified Sch. Dist., 164 P.3d 630, 633 (2007), as modified (Oct. 10, 2007) (holding the window did not revive claims against the government barred by Tort Claims Act claim presentation deadline); Dutra v. Eagleson, 52 Cal. Rptr. 3d 788, 793 (2006), as modified on denial of reh’g (Jan. 26, 2007) (concluding the window did not revive claims against perpetrator).
[viii] Cal. Civ. Proc. Code § 340.1 (revival to age forty and three-year window); A.B. 218, 2019 Gen. Assemb., Reg. Sess. (Cal. 2019).
[ix] Quarry v. Doe I, 272 P.3d 977, 986, n.5 (2012) (discussing common law discovery rule’s applicability to CSA claims and collecting cases).
[x] Cal. Civ. Proc. Code § 340.1 (establishing that three-year discovery rule runs from when “plaintiff discovers or reasonably should have discovered that psychological injury or illness . . . was caused by the sexual abuse.”).
[xi] See e.g., Rubenstein v. Doe No. 1, 400 P.3d 372, 378 (Cal. 2017), as modified on denial of reh’g (Nov. 1, 2017); Quarry, supra note 131, at 985 (determining statutory discovery rule substituted common law discovery rule and placed upper limit on discovery rule of age twenty-six for claims against third-party defendants); Shirk, supra note 129, superseded by Cal. Gov’t Code § 905(m).
[xii] The discovery rule found in Cal. Civ. Proc. Code § 340.1 was amended in 1994, 1998, 1999, 2002, and 2020, and Cal. Gov’t Code § 905(m), which removed the claim presentment requirement for suing government entities, was added in 2008.
[xiii] Cal. Civ. Proc. Code § 340.1; 2002 Cal. Legis. Serv. Ch. 149 (S.B. 1779); see Quarry v. Doe I, 272 P.3d at 990 (discussing 2002 discovery statute amendment).
[xiv] Shirk, supra note 129.
[xv] Cal. Civ. Proc. Code § 340.1 (stating previously expired claims “may be commenced within three years of January 1, 2020.”).
[xvi] Id. (applying discovery rule after victim reaches age forty only if “the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault.”).
CURRENT CALIFORNIA CIVIL LAW
Cal. Civ. Proc. Code § 340.1 - Childhood sexual assault; certificates of merit executed by attorney; violations; failure to file; name designation of defendant; periods of limitation; legislative intent
(a) In an action for recovery of damages suffered as a result of childhood sexual assault, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later, for any of the following actions:
(1) An action against any person for committing an act of childhood sexual assault.
(2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.
(3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.
(b)(1) In an action described in subdivision (a), a person who is sexually assaulted and proves it was as the result of a cover up may recover up to treble damages against a defendant who is found to have covered up the sexual assault of a minor, unless prohibited by another law.
(2) For purposes of this subdivision, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault.
(c) An action described in paragraph (2) or (3) of subdivision (a) shall not be commenced on or after the plaintiff’s 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault. For purposes of this subdivision, providing or requiring counseling is not sufficient, in and of itself, to constitute a reasonable step or reasonable safeguard. Nothing in this subdivision shall be construed to constitute a substantive change in negligence law.
(d) “Childhood sexual assault” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would have been proscribed by Section 266j of the Penal Code; Section 285 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 287 or of former Section 288a of the Penal Code; subdivision (h), (i), or (j) of Section 289 of the Penal Code; any sexual conduct as defined in paragraph (1) of subdivision (d) of Section 311.4 of the Penal Code; Section 647.6 of the Penal Code; or any prior laws of this state of similar effect at the time the act was committed. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged perpetrator of the abuse.
(e) This section shall not be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section.
(f) Every plaintiff 40 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (g).
(g) Certificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration:
(1) That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action.
(2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that the practitioner is not treating and has not treated the plaintiff, and that the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of the practitioner’s knowledge of the facts and issues, that in the practitioner’s professional opinion there is a reasonable basis to believe that the plaintiff had been subject to childhood sexual abuse.
(3) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificates required by paragraphs (1) and (2) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificates required by paragraphs (1) and (2) shall be filed within 60 days after filing the complaint.
(h) If certificates are required pursuant to subdivision (f), the attorney for the plaintiff shall execute a separate certificate of merit for each defendant named in the complaint.
(i) In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (g) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach.
(j) A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney.
(k) The failure to file certificates in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435.
(l) In any action subject to subdivision (f), a defendant shall be named by “Doe” designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant.
(m) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows:
(1) The application shall be accompanied by a certificate of corroborative fact executed by the attorney for the plaintiff. The certificate shall declare that the attorney has discovered one or more facts corroborative of one or more of the charging allegations against a defendant or defendants, and shall set forth in clear and concise terms the nature and substance of the corroborative fact. If the corroborative fact is evidenced by the statement of a witness or the contents of a document, the certificate shall declare that the attorney has personal knowledge of the statement of the witness or of the contents of the document, and the identity and location of the witness or document shall be included in the certificate. For purposes of this section, a fact is corroborative of an allegation if it confirms or supports the allegation. The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section.
(2) If the application to name a defendant is made before that defendant’s appearance in the action, neither the application nor the certificate of corroborative fact by the attorney shall be served on the defendant or defendants, nor on any other party or their counsel of record.
(3) If the application to name a defendant is made after that defendant’s appearance in the action, the application shall be served on all parties and proof of service provided to the court, but the certificate of corroborative fact by the attorney shall not be served on any party or their counsel of record.
(n) The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants.
(o) The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact filed pursuant to subdivision (m).
(p) Upon the favorable conclusion of the litigation with respect to any defendant for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the court may, upon the motion of a party or upon the court’s own motion, verify compliance with this section by requiring the attorney for the plaintiff who was required by subdivision (g) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (g) that were relied upon by the attorney in preparation of the certificate of merit. The name, address, and telephone number shall be disclosed to the trial judge in camera and in the absence of the moving party. If the court finds there has been a failure to comply with this section, the court may order a party, a party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees, incurred by the defendant for whom a certificate of merit should have been filed.
(q) Notwithstanding any other law, a claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is revived, and these claims may be commenced within three years of January 1, 2020. A plaintiff shall have the later of the three-year time period under this subdivision or the time period under subdivision (a) as amended by the act that added this subdivision.
(r) The changes made to the time period under subdivision (a) as amended by the act that amended this subdivision in 20191 apply to and revive any action commenced on or after the date of enactment of that act, and to any action filed before the date of enactment, and still pending on that date, including any action or causes of action that would have been barred by the laws in effect before the date of enactment.
(s) Notwithstanding any other law, including Chapter 1 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900) and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 910), a claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a), is not required to be presented to any government entity prior to the commencement of an action.
Case law
CURRENT CRIMINAL SOL
Summary:
CSA: There is no SOL for many felony sex offenses, including rape. The SOL is age 40 for other felonies, and 1-3 years from the offense for misdemeanors.
Trafficking: There is no SOL for trafficking using force, fraud, or coercion. The SOL for other trafficking violations is 6 years from the offense.
CSAM: The SOL for CSAM is 10 years from the offense.
CRIMINAL SOL SNAPSHOT
CSA |
NO SOL |
TRAFFICKING |
NO SOL |
CSAM |
10 YEARS FROM THE OFFENSE |
Changes Since 2002:
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Age Cap |
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|
1993 |
Enacted a law reviving expired criminal SOLs for CSA by allowing prosecution 1 year after reporting to law enforcement, but it was held unconstitutional in Stogner v. California.[i] |
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2002 |
The SOL for felony sex offenses was 3 or 6 years from the offense depending on the crime or age 19, whichever was later.[ii] Misdemeanor annoying or molesting a child under 18 has an SOL of 3 years after the date of the offense where the victim is under 14 years of age.[iii] All other misdemeanors had an SOL of 1 year after the date of the offense.[iv] |
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2004 |
Extended the SOL for CSA felonies, including many CSAM violations, to 10 years after the offense.[v] |
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2005 |
Extended the SOL for CSA felonies to age 28.[vi] It also added a DNA statute that permits prosecution of sex crimes within 1-year of DNA identification.[vii] Added a trafficking statute with an SOL 6 years after commission of the offense.[viii] |
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2006 |
Extended the SOL for felony pornography to 10 years after the offense.[ix] |
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2014 |
Extended the SOL for CSA felonies from age 28 to age 40.[x] |
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2017 |
Eliminated the SOL for many felony sex offenses, including rape at any age, molestation, and sexual abuse.[xi] |
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2018 |
Extended the SOL for more CSA felonies to age 40.[xii] |
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2021 |
Extended the criminal SOL for misdemeanor distribution of private sexual imagery of minors and adults to 1 year from discovery that image was distributed, but not more than 4 years after distribution.[xiii] |
[i] Stogner, supra note 26 (holding California Penal Code section 803 unconstitutional).
[ii] Cal. Penal Code §§ 799 (2002) (no SOL), 800 (2002) (eight-year SOL), 801 (2002) (three-year SOL), 801.1 (2002) (CSA SOL), 803 (2002) (tolling statute).
[iii] Id. at § 802 (2002) (misdemeanor SOL).
[iv] Id.
[v] Id. at §§ 799 (2004) (no SOL), 801.1 (2004) (CSA SOL), 801.2 (2004) (1-year CSA SOL).
[vi] Id. at § 801.1 (2005) (age 28 CSA SOL).
[vii] Id. at § 803 (2005) (tolling statute).
[viii] Id. at §§ 800 (2005), 236.1 (2005) (trafficking SOL).
[ix] Id. at §§ 801.1 (2006) (CSA SOL) & 801.2 (2006) (10-year CSA SOL).
[x] Id. at § 801.1 (2014) (age forty CSA SOL).
[xi] Id. at §§ 799 (2017) (no SOL).
[xii] Id. at §801.1 (2018) (age forty SOL).
[xiii] Id. at § 802 (2021) (misdemeanor SOL).
CURRENT CALIFORNIA CRIMINAL LAW
Cal. Penal Code § 799 - Offenses punishable by death or life imprisonment; embezzlement of public money; other felonies; application to minors
(a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.
(b)(1) Prosecution for a felony offense described in paragraph (1), (2), (3), (4), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (2), (3), (4), or (5) of subdivision (a) of former Section 262, Section 264.1, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 286, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 287 or former Section 288a, subdivision (a) of Section 288 involving substantial sexual conduct as defined in subdivision (b) of Section 1203.066, subdivision (b) of Section 288, Section 288.5, or subdivision (a), (b), (d), (e), or (g) of Section 289 may be commenced at any time.
(2) This subdivision applies to crimes that were committed on or after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017.
(c) This section applies when the defendant was a minor at the time of the commission of the offense and the prosecuting attorney could have petitioned the court for a fitness hearing pursuant to Section 707 of the Welfare and Institutions Code.
Cal. Penal Code § 800 - Offenses punishable by imprisonment for eight years or more
Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense.
Cal. Penal Code § 801.1 - Commencement of prosecution for specified sex offenses
(a)(1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim’s 40th birthday.
(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.
(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.
Cal. Penal Code § 801.2 - Limitations period for prosecution of crime under § 311.4 relating to employment of minor to perform prohibited acts
Notwithstanding any other limitation of time prescribed in this chapter, prosecution for a violation of subdivision (b) of Section 311.4 shall commence within 10 years of the date of production of the pornographic material.
Cal. Penal Code § 803-Discovery Tolling Statute - Tolling or extension of time periods
(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b) The time during which prosecution of the same person for the same conduct is pending in a court of this state is not a part of a limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f)(1) Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that the person, while under 18 years of age, was the victim of a crime described in Section 261, 286, 287, 288, 288.5, or 289, former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation.
(3) Evidence shall not be used to corroborate the victim’s allegation if that evidence would otherwise be inadmissible during trial. Independent evidence excludes the opinions of mental health professionals.
(4)(A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, if the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B) This subdivision does not affect the definition or applicability of any evidentiary privilege.
(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A) The crime is one that is described in subdivision (c) of Section 290.
(B) The offense was committed before January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2) For purposes of this section, “DNA” means deoxyribonucleic acid.
(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. This section does not otherwise affect the definition or applicability of any evidentiary privilege or attorney work product.
(i)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(2) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which it is discovered that, but not more than four years after, an image was intentionally distributed in violation of paragraph (4) of subdivision (j) of Section 647.
(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided, however, that in any case a complaint may not be filed more than four years after the commission of the offense.
(n)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint brought pursuant to a violation of Section 367g may be filed within one year of the discovery of the offense or within one year after the offense could have reasonably been discovered.
(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the California SOL in a particular case, contact a lawyer in the state.
Last Updated: September 12, 2023
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