IDAHO

CHILD SEX ABUSE SOLs

 

CURRENT CIVIL SOL

In Idaho, the civil SOL for child sex abuse claims is capped at age 23 (age of majority, 18, plus 5 years). There is also a discovery rule, which allows victims to file a claim up to 5 years after discovering an injury caused by the abuse.

CIVIL SOL SNAPSHOT

AGE CAP

AGE 23

DISCOVERY TOLLING

5 YEARS

REVIVAL LAW

NONE

 

Changes Since 2002:

Age Cap: In 2002, the civil SOL in Idaho was age 23 (age of majority, 18, plus 5 years).  

Discovery:  In 2007, Idaho added a discovery rule, which gives the victim 5 years after they discover that the abuse caused current injuries or conditions to file a lawsuit.

Revival Law:  Idaho has not passed a window or other SOL revival legislation.

CURRENT IDAHO CIVIL LAW

Idaho Code § 6-1704 - Statute of Limitations

(1) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within five (5) years from the date that an aggrieved child reaches the age of eighteen (18) years or, after the child reaches the age of eighteen (18) years, within five (5) years of the time the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child, whichever occurs later.

(2) The child need not establish which act in a series of continuing acts, abuse or exploitation caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan.

(3) The knowledge of a custodial parent or guardian shall not be imputed to a child under the age of eighteen (18) years.

Case law

CURRENT CRIMINAL SOL

In Idaho, there is no criminal SOL for felony rape, sexual abuse, and lewd conduct with a child. For all other felonies, the criminal SOL is five years after the criminal act, or three years after reporting the abuse, whichever is later. The criminal SOL is capped at age 19 (age of majority, 18, plus one year) for all misdemeanors.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

RAPE

NO SOL Idaho Code § 19-401(3)

SEXUAL ABUSE OF A CHILD

NO SOL Idaho Code § 19-401(4)

LEWD CONDUCT WITH A CHILD

NO SOL Idaho Code § 19-401(4)

OTHER FELONIES

5 YEARS AFTER ABUSE OR 3 YEARS AFTER REPORT TO LAW ENFORCEMENT

 

Idaho Code § 19-402

MISDEMEANORS

1 YEAR AFTER OFFENSE Idaho Code § 19-403(1)

 

DNA SNAPSHOT

 

NO DNA STATUTE


 

Changes Since 2002:

As of 2002, Idaho had no SOL for rape and an SOL of age 23 (age of majority, 18, plus 5 years) for felony sex abuse or lewd conduct with a child.  In 2006, the state eliminated the criminal SOL for felony sex abuse or lewd conduct with a child.  For other crimes against children, Iowa hearkens back to a bygone era when SOLs were measured from the date of the abuse and not from the age of majority.  The SOL for the remaining felonies is 5 years from commission of the crime and for misdemeanors 1 year.

CURRENT IDAHO CRIMINAL LAW

Idaho Code § 19-401 - No statute of limitations for certain felonies

Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced:

(1) Murder;

(2) Voluntary manslaughter;

(3) Rape pursuant to section 18-6101(3) through (10), Idaho Code;

(4) Sexual abuse of a child or lewd conduct with a child as set forth in sections 18-1506 and 18-1508, Idaho Code; or

(5) An act of terrorism as set forth in sections 18-8102, 18-8103, 18-3322, 18-3323 and 18-3324, Idaho Code.

Idaho Code § 19-402 - Commencement of prosecutions for felonies

A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission, provided however, a prosecution under sections 18-1506A and 18-1506B, Idaho Code, must be commenced within three (3) years after the date of initial disclosure by the victim to law enforcement.

Idaho Code § 19-403 - Misdemeanors

(1) Except as otherwise provided in this section, a prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission.

(2) A prosecution for failure to report or failure to cause to be reported the abuse, abandonment, or neglect of a child as provided for in section 16-1605, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within four (4) years after its commission.

(3) A prosecution for misuse of funds as provided for in section 18-5702(1), Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission.

(4) A prosecution for a misdemeanor that was dismissed pursuant to section 19-3509, Idaho Code, must be refiled no later than two (2) years after its dismissal.

Case Law

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

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