INDIANA

CHILD SEX ABUSE SOLs

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2024 SOL TRACKER

CURRENT CIVIL SOL

Summary: The SOL for CSA, trafficking, and CSAM civil claims is age 20 against all defendants, or a period of time from discovery, elimination of dependency status, or criminal conviction. 

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 20

TRAFFICKING: AGE 20

CSAM: AGE 20

REVIVAL LAW

 NONE

DISCOVERY TOLLING

 7 YEARS

 

Changes Since 2002:

Age Cap

2002

Age 20 (age of majority, 18, plus 2 years) SOL for CSA, trafficking, and CSAM.[i] 

2006

Added civil cause of action for trafficking with an SOL of 2 years after criminal conviction.[ii]

2013

Extended the SOL for child sexual abuse to 4 years after the victim ceases to be dependent on the abuser.[iii] 

 

Revival Law

N/A

No window or other SOL revival law.

 

Discovery

Common Law

Indiana has recognized a common law discovery rule for CSA, but it is extremely narrow and has not been helpful to survivors.[iv]  In 2002, the SOL for CSA claims was 2 years from accrual, and in 2013 it was extended to 7 years from accrual.[v]  Under Indiana’s common law discovery rule, a cause of action would accrue—and the SOL would begin to run—“when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.”[vi] 

Statutory

No statutory discovery rule.

 

[i] Ind. Code Ann. §§ 34-11-2-4 (2002) (SOL), 34-11-6-1 (2002) (majority tolling), 1-1-4-5(24) (2002) (legal disability), 35-42-4-4 (2002) (child exploitation; possession of child pornography).

[ii] Ind. Code Ann. § 35-42-3.5-3(b) (2006) (trafficking SOL).

[iii] Id. at § 34-11-2-4 (2013) (SOL).

[iv] See e.g., United Methodist Church, supra note 334, at 842 (Ind. Ct. App. 1996) (determining that, “[u]nder Indiana’s discovery rule, a cause of action accrues, and the SOLs begin to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another”); W. Cole Durham & Robert Smith, Religious Organizations and the Law § 21:17 (2d ed. 2021); Michael W. Hoskins, Little court guidance on repressed memory litigation results in trial court split, Ind. Lawyer (Feb. 3, 2010), available at https://www.theindianalawyer.com/articles/23723-little-court-guidance-on-repressed-memory-litigation-results-in-trial-court-split.

[v] Ind. Code Ann. § 34-11-2-4.

[vi] United Methodist Church, supra note 334, at 842 (determining that “[f]or a cause of action to accrue, it is not necessary that the full extent of the damage be known or even ascertainable but only that some ascertainable damage has occurred.”).  This operates to bar cases where a plaintiff “is aware of childhood sexual abuse but unaware of the full extent of the resulting psychological or physical ramifications.”  Id. (quoting Fager v. Hundt, 610 N.E.2d 246, 249 n. 1 (Ind. 1993)).

CURRENT INDIANA CIVIL LAW

Ind. Code Ann. § 34-11-2-4 - Injury or forfeiture of penalty actions

Sec. 4. (a) An action for:

(1) injury to person or character;

(2) injury to personal property; or

(3) a forfeiture of penalty given by statute;

must be commenced within two (2) years after the cause of action accrues.

(b) An action for injury to a person that results from the sexual abuse of a child must be commenced within the later of:

(1) seven (7) years after the cause of action accrues; or

(2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.

Ind. Code Ann. § 34-11-6-1 - Accrual of action

Sec. 1. A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed.

Ind. Code Ann. § 1-1-4-5(24) - Definitions with general applicability

(24) “Under legal disabilities” includes persons less than eighteen (18) years of age, mentally incompetent, or out of the United States.

Ind. Code Ann. § 34-11-5-1-Concealing cause of action

Sec. 1. If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of the cause of action.

Case law

Under Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.

Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. Ct. App. 1996)

Under Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.

Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. Ct. App. 1996)

nder Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.

Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. Ct. App. 1996)

Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. Ct. App. 1996) (“Under Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.”)

 

CURRENT CRIMINAL SOL

Summary:

CSA: There is no SOL for Class A felony rape. The SOL for other offenses varies from age 31, to 10 years after the offense, or 4 years after the victim ceases to be a dependent of the perpetrator. 

Trafficking: There is no SOL for felony child sex trafficking.

CSAM: The SOL for CSAM violations is 10 years from the offense or 4 years after the victim ceases to be a dependent of the perpetrator, whichever is later.

CRIMINAL SOL SNAPSHOT

CSA

 NO SOL

TRAFFICKING

 NO SOL

CSAM

 10 YEARS FROM THE OFFENSE

 

Changes Since 2002:

Age Cap

2002

No SOL for Class A felony (L1 and L2) rape and the SOL was age 31 for certain sex offenses against children, including molesting, solicitation, and incest.  There was also a DNA statute which extended the SOL for Class B and C felonies (L3, L4, L5) to 1 year after a DNA match.  For the remaining crimes, the SOL was 5 years for felonies and 2 years for misdemeanors, running from the date of the crime.[i] 

2013

Extended its SOL for all other sex offenses against children, including trafficking, prostitution and CSAM violations, to either 10 years after the crime or 4 years after the victim ceases to be a dependent of the perpetrator, whichever is later.[ii]

2018

Eliminated the criminal SOL for felony child sex trafficking.[iii]

2019

Extended the SOL for sexual misconduct with a minor and child molesting to age 31.[iv] 

2020

Extended the SOL for certain sex offenses against children, including molestation, solicitation, and incest, by 5 years after the earliest date of discovery of DNA, recording, or confession evidence.[v]

2023

Extended the SOL for certain expired sex offenses against children, including molestation, solicitation, and incest, by 5 years after the earliest date of discovery of DNA, recording, or confession evidence.[vi]

 

[i] Ind. Code Ann. § 35-41-4-2(c) (2002) (no SOL), 35-41-4-2(e) (2002) (age thirty-one SOL), 35-41-4-2 (m) (2002) (ten-year SOL).

[ii] Id. at § 35-41-4-2(c) (2013) (no SOL), 35-41-4-2 (e) (2013) (age thirty-one SOL), 35-41-4-2 (m) (2013) (ten-year SOL).

[iii] Id. at § 35-42-3.5-1.3 (2018) (child sex trafficking).

[iv] Id. at § 35-41-4-2(e) (2019) (age 31 SOL).

[v] Id. at § 35-41-4-2(p)(1)–(3) (2020) (tolling statutes).

[vi] Id. at § 35-41-4-2(b), (p)(1)–(3) (2023) (tolling statutes); S.B. 48, 123 Gen. Assemb., 1st Reg. Sess. (Ind. 2023).

CURRENT INDIANA CRIMINAL LAW

Ind. Code Ann. § 35-41-4-2 - Periods of limitation
Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014); or
(2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
(2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
However, if the offense is a sex offense against a child described in subsection (m), a prosecution otherwise barred under this section may be prosecuted in accordance with subsection (p).
(c) Except as provided in subsection (e), a prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of murder; and
(B) the date the alleged victim of the murder dies.
(e) Except as provided in subsection (p), a prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
(1) IC 35-42-4-3 (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-42-4-9 (Sexual misconduct with a minor).
(6) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.
(g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.
(h) The period within which a prosecution must be commenced does not include any period in which:
(1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;
(2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
(j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
(k) The following apply to the specified offenses:
(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-9).
(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-10).
(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse of funeral trust or escrow account funds) is barred unless commenced within five (5) years after the date of death of the purchaser (as defined in IC 30-2-13-9).
(l) A prosecution for an offense under IC 23-2-6, IC 23-2.5, IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5) years after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with the offense; or
(2) could have discovered evidence sufficient to charge the offender with the offense by the exercise of due diligence.
(m) Except as provided in subsection (p), a prosecution for a sex offense listed in IC 11-8-8-4.5 that is committed against a child and that is not:
(1) a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014); or
(2) listed in subsection (e);
is barred unless commenced within ten (10) years after the commission of the offense, or within four (4) years after the person ceases to be a dependent of the person alleged to have committed the offense, whichever occurs later.
(n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a crime committed before July 1, 2014) or as a Level 3 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced not later than five (5) years after the earlier of the date on which:
(1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis;
(2) the state first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to charge the offender with the offense; or
(3) a person confesses to the offense.
(o) A prosecution for criminal deviate conduct (IC 35-42-4-2) (repealed) as a Class B felony for a crime committed before July 1, 2014, that would otherwise be barred under this section may be commenced not later than five (5) years after the earliest of the date on which:
(1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis;
(2) the state first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to charge the offender with the offense; or
(3) a person confesses to the offense.
(p) A prosecution for an offense described in subsection (e) or subsection (m) that would otherwise be barred under this section may be commenced not later than five (5) years after the earliest of the date on which:
(1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis;
(2) the state first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to charge the offender with the offense; or
(3) a person confesses to the offense.
Ind. Code Ann. § 35-42-3.5-1.3 - Child sexual trafficking

Sec. 1.3. A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than eighteen (18) years of age for the purpose of prostitution, juvenile prostitution, or participating in sexual conduct commits child sexual trafficking, a Level 2 felony.

Case Law

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

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Last Updated: September 12, 2023