COLORADO
CHILD SEX ABUSE SOLs
Historical CSA SOL Treatise
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CURRENT CIVIL SOL
Summary: Colorado has no civil SOL for CSA claims against all defendants.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: NONE TRAFFICKING: NONE CSAM: NONE |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | YES, NO TIME LIMIT |
CURRENT COLORADO CIVIL LAW
COLO. REV. STAT. ANN. § 13-80-101 (3-year SOL)
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
(a) All contract actions, including personal contracts and actions under the “Uniform Commercial Code”, except as otherwise provided in section 13-80-103.5;
(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102(1)(j);
(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;
(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;
(II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102(1)(b) or section 13-80-106.
COLO. REV. STAT. ANN. § 13-80-102 (2-year SOL)
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within two years after the cause of action accrues, and not thereafter:
(a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a) does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80-101(1)(n);
(h) All actions against any public or governmental entity or any employee of a public or governmental entity, except as otherwise provided in this section or section 13-80-103;
(2) A civil action for a wrongful death against a defendant who committed vehicular homicide, as described in section 18-3-106, C.R.S., and, as part of the same criminal episode, committed the offense of leaving the scene of an accident that resulted in the death of a person, as described in section 42-4-1601(2)(c), C.R.S., regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within four years after the cause of action accrues, and not thereafter.
COLO. REV. STAT. ANN. § 13-80-103.7 (NO SOL)
(1)(a) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to limit the time period to commence an action described in this section, any civil action based on sexual misconduct, including any derivative claim, may be commenced at any time without limitation.
(c) A federal sex offense as defined in the federal “Sex Offender Registration and Notification Act”, 34 U.S.C. sec. 20911 (5)(A)(iii);
(d) Obscene visual representations of the sexual abuse of children, as described in 18 U.S.C. sec. 1466A;
(f) Attempt or conspiracy to commit sex trafficking of children or by force, fraud, or coercion, as described in 18 U.S.C. sec. 1594.
Case law
CURRENT CRIMINAL SOL
CSA: There is no SOL for felony sex offenses against children. The SOL is 5 years from the offense for misdemeanors.
Trafficking: There is no SOL for felony sex trafficking of a minor.
CSAM: There is no SOL for felony CSAM offenses.
CRIMINAL SOL SNAPSHOT
CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | NO SOL |
CURRENT COLORADO CRIMINAL LAW
COLO. REV. STAT. ANN. §§ 16-5-401 (1)(a) (no SOL and 18-month SOL)
(1)(a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:
| Murder, kidnapping, treason, any sex offense against a | ||
| child, and any forgery regardless of the penalty provided: | No limit | |
| | ||
| Attempt, conspiracy, or solicitation to commit murder; | ||
| attempt, conspiracy, or solicitation to commit kidnapping; | ||
| attempt, conspiracy, or solicitation to commit treason; | ||
| attempt, conspiracy, or solicitation to commit any sex | ||
| offense against a child; and attempt, conspiracy, or | ||
| solicitation to commit any forgery regardless of the | ||
| penalty provided: | No limit | |
| | ||
| | ||
| Vehicular homicide, except as described in paragraph | ||
| (a.5) of this subsection (1); leaving the scene of an | ||
| accident that resulted in the death of a person: | Five years | |
| | ||
| Other felonies: | Three years | |
| | ||
| Misdemeanors: | Eighteen months |
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the SOL in a particular case, contact a lawyer in the state.
Last Updated: November 29, 2023