IDAHO
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
The civil SOL for CSA, trafficking, and CSAM claims is age 23 with a 5-year discovery rule against all defendants.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: AGE 23 TRAFFICKING: AGE 23 CSAM: AGE 23 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 5 YEARS |
Civil SOL History
| Age Cap | |
| 2002 | SOL for child abuse claims, including CSA and CSAM,[i] set at age 23 (age of majority, 18, plus 5 years).[ii] |
| 2006 | Added a human trafficking statute, which is governed by the age 23 SOL.[iii] |
| Revival Law | |
| N/A | No window or other SOL revival law. |
| Discovery | |
| Common Law | No common law discovery rule for CSA.[iv] |
| Statutory | In 2007, Idaho added a statutory discovery provision, which gives the victim 5 years after reasonable discovery of the abuse and its “causal relationship to an injury or condition” to file a lawsuit.[v] The discovery rule is applicable to claims against all types of defendants,[vi] but claims against government entities are still subject to the Idaho Tort Claims Act’s notice of claim requirements, which mandates that plaintiffs file a notice of their tort claims either 180 days after reaching the age of majority or 6 years from the date the claim should reasonably have been discovered, whichever is earlier. [vii] Also, the statutory discovery rule does not revive claims that expired prior to July 1, 2007.[viii] |
[i] Idaho Code § 18-1507 (1992) (sexual exploitation of a child).
[ii] Id. at § 6-1704 (2002) (age twenty-three SOL).
[iii] Id. at §§ 18-8602 (2006) (human trafficking).
[iv] Bonner v. Roman Catholic Diocese of Boise, 913 P.2d 567, 568 (Idaho 1996) (noting that “Idaho is not a discovery jurisdiction.”).
[v] Idaho Code § 6-1704.
[vi] Steed v. Grand Teton Council of the Boy Scouts of Am., Inc., 172 P.3d 1123, 1127 (Idaho 2007) (determining that child sex abuse statute sections 6-1701–5, which includes the discovery provision, would apply to claims against a non-perpetrator— including corporations—based on willful conduct “even if the defendant did not actually harm the child.”).
[vii] Idaho Code § 6-906A; D.A.F. v. Lieteau, 456 P.3d 193, 200 (Idaho 2019), reh’g denied (Jan. 30, 2020) (holding that child sex abuse claims against the state are subject to the ITCA’s notice requirement).
[viii] Doe v. Boy Scouts of Am., 224 P.3d 494, 498 (Idaho 2009).
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
CSA: There is no SOL for rape, sexual abuse, or lewd conduct. For other felonies, the SOL expires 5 years from the offense. For misdemeanors, the SOL is 1 year after the offense.
Trafficking: The SOL for trafficking is 5 years from the offense for felonies and 1 year from the offense for misdemeanors.
CSAM: The SOL for CSAM is 5 years from the offense for felonies and 1 year from the offense for misdemeanors.
CRIMINAL SOL SNAPSHOT
| CSA | NO SOL |
TRAFFICKING | 5 YEARS FROM OFFENSE |
CSAM | 5 YEARS FROM OFFENSE |
Criminal SOL History
| Age Cap | |
| 2002 | 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.[i] For other crimes against children, Idaho 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, including trafficking and CSAM violations, is 5 years from commission of the crime and 1 year for misdemeanors.[ii] |
| 2006 | Eliminated the SOL for felony sex abuse or lewd conduct with a child.[iii] |
[i] Idaho Code §§ 19-401 (2002) (no SOL), 19-402 (2002 (five-year SOL).
[ii] Id. at §§ 19-401 (2002) (no SOL), 19-402 (2002) (five-year SOL), 19-403 (2002) (misdemeanors).
[iii] Id. at § 19-401 (2006) (no SOL).
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.
Last Updated: November 30, 2023