FEDERAL
CHILD SEX ABUSE SOLs
Historical CSA SOL Treatise
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CURRENT CIVIL SOL
Summary: The is no SOL for civil claims for federal CSA, CSAM, and trafficking offenses. The SOL for other federal laws that create civil liability for CSA, like Title IX, typically borrow the SOL from the state where the abuse occurred.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: NO SOL TRAFFICKING: NO SOL CSAM: NO SOL |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 10 YEARS |
CURRENT U.S. FEDERAL CIVIL LAW
18 U.S.C.A. § 2255 Civil remedy for personal injuries
(a) In general.–Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.
(b) Statute of limitations.–There shall be no time limit for the filing of a complaint commencing an action under this section.
(c) Venue; service of process.–
(1) Venue.–Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.
(2) Service of process.–In an action brought under subsection (a), process may be served in any district in which the defendant–
(A) is an inhabitant; or
(B) may be found.
Case law
CURRENT CRIMINAL SOL
Summary:
CSA: There is no SOL for many federal felony CSA crimes. Remaining crimes can be prosecuted any time while the child victim is alive or 10 years after the offense, whichever is later.
Trafficking: There is no SOL for trafficking crimes.
CSAM: There is no SOL for CSAM crimes.
CRIMINAL SOL SNAPSHOT
CSACSCSA
| CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | NO SOL |
CURRENT FEDERAL CRIMINAL LAW
18 U.S.C.A. § 3299 Child abduction and sex offenses (no SOL)
Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110 (except for section1 2257 and 2257A), or 117, or section 1591.
18 U.S.C.A. § 3283 Offenses against children
No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse, or kidnaping, of a child under the age of 18 years shall preclude such prosecution during the life of the child, or for ten years after the offense, whichever is longer.
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: September 12, 2023