KANSAS

CHILD SEX ABUSE SOLs

2024 SOL TRACKER

CURRENT CIVIL SOL

The civil SOL for CSA, trafficking, and CSAM civil claims against all defendants is the later of age 31 or 3 years from criminal conviction, with revival up to these age and conviction time limits.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 31

TRAFFICKING: AGE 31

CSAM: AGE 31

REVIVAL LAW

UP TO AGE 31

DISCOVERY TOLLING

NONE

Civil SOL History

*Age Cap*
1992	Age 21 (age of majority, 18, plus 3 years).^[i]
2023	Extended SOL for CSA, trafficking, and CSAM to age 31 (age of majority, 18, plus 13 years) or 3 years from criminal conviction, whichever is later.[ii]

Revival Law
2023	Revived CSA, trafficking, and CSAM claims against all types of defendants up until a survivor reaches age 31 or 3 years after criminal conviction of a perpetrator for a related crime, whichever is later.[iii]

Discovery

Common Law

No common law discovery rule for CSA.[iv]

Statutory

Kansas has had a discovery statute in effect for decades. An accrual statute provided that the 2-year personal injury SOL did not begin to run “until the fact of injury becomes reasonably ascertainable to the injured party” but no later than 10 years after the abuse.^[v] In 1992, Kansas adopted a broader discovery rule statute for CSA claims, giving victims “three years from the date the person discovers or reasonably should have discovered that the injury or illness was caused by childhood sexual abuse” to file a claim.^[vi] Though this statutory discovery rule removed the upper 10-year limit, CSA claims that occurred before July 1, 1984 did not benefit.^[vii] The discovery rule was applicable to claims against all types of defendants.^[viii] In 2023, Kansas amended its CSA SOL statute and removed its discovery rule.[ix]

[i] Kan. Stat. Ann. § 60-523(a) (1992) (SOL). See H.B. v. M.J., 508 P.3d 368, 376 (Kan. 2022) (holding CSA SOL also applicable to claims against non-perpetrators).

[ii] Kan. Stat. Ann. § 60-523(a) (2023).

[iii] Kan. Stat. Ann. § 60-523(c) (2023); 2023 Kan. Sess. Laws ch. 28 (H.B. 2127).

[iv] State v. Bentley, 721 P.2d 227, 230 (Kan. 1986) (declining to toll the SOLs where child victim alleged concealment by the abuser, stating, “[t]hreats . . . keep child victims from reporting sexual offenses. They are commonplace. . . . Therefore, the practical effect . . . would be to extend the SOLs beyond its stated two-year period in nearly every case of this nature.”).

[v] Doe v. St. Benedict’s Abbey, 189 P.3d 580 (Kan. Ct. App. 2008) (quoting Kan. Stat. Ann. section 60–523)).

[vi] Kan. Stat. Ann. § 60-523.

[vii] Doe H.B. v. M.J., 482 P.3d 596, 605–06 (Kan. Ct. App. 2021) (reiterating that the “exception found in Kan. Stat. Ann. section 60-523 has no application to a cause of action that has already been abolished by the application of the statute of repose”) (quoting Popravak, supra note 374 (citing Ripley v. Tolbert, 921 P.2d, 1210, 1215–16 (Kan. 1996)) review granted (Apr. 23, 2021), aff’d sub nom. H.B. v. M.J., 508 P.3d 368 (Kan. 2022)).

[viii] See H.B. v. M.J., 508 P.3d at 375–77 (ruling CSA discovery statute is applicable to claims against all types of defendants); Cosgrove v. Kansas Dept. of Soc. and Rehab. Serv.s, 332 Fed. Appx. 463 (10th Cir. 2009) (determining that claim against state department and foster parents pursuant to discovery statutes survives motion to dismiss); Clark v. Blue Valley Unified Sch. Dist. No. 229, No. 12-CV-2538, 2013 WL 3867532, at *1 (D. Kan. July 25, 2013) (discussing applicability of section 60-515(a) to claims against non-perpetrators).

[ix] Kan. Stat. Ann. § 60-523 (2023); 2023 Kan. Sess. Laws ch. 28 (H.B. 2127).

CURRENT KANSAS CIVIL LAW

Kan. Stat. Ann. § 60-523 - Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse

(a) No action for recovery of damages for an injury or illness suffered as a result of childhood sexual abuse shall be commenced more than 13 years after the date the victim attains 18 years of age or more than three years after the date of a criminal conviction for a crime described in subsection (b) related to such childhood sexual abuse, whichever occurs later.

(b) As used in this section:

(1) “Injury or illness” includes psychological injury or illness, whether or not accompanied by physical injury or illness.

(2) “Childhood sexual abuse” means any act committed against the person that occurred when the person was under the age of 18 years and that would have been a violation of any of the following:

(A) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;

(B) Indecent liberties with a child as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;

(C) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto;

(D) criminal sodomy as defined in K.S.A. 21-3505(a)(2) and (a)(3), prior to its repeal, or K.S.A. 21-5504(a)(3) and (a) (4), and amendments thereto;

(E) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto;

(F) enticement of a child as defined in K.S.A. 21-3509, prior to its repeal;

(G) indecent solicitation of a child as defined in K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;

(H) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto;

(I) sexual exploitation of a child as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;

(J) aggravated sexual battery as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;

(K) aggravated incest as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;

(L) aggravated human trafficking as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another;

(M) internet trading in child pornography or aggravated internet trading in child pornography as defined in K.S.A. 21-5514, and amendments thereto;

(N) commercial sexual exploitation of a child as defined in K.S.A. 21-6422, and amendments thereto; or

(O) any prior laws of this state of similar effect at the time the act was committed.

(c) This section shall be applicable to any action commenced on or after July 1, 1992, including any action that would be barred by application of the period of limitation applicable prior to July 1, 1992.

Case law

CURRENT CRIMINAL SOL

CSA: There is no criminal SOL for most CSA felonies, an SOL of age 28 for other sexually violent felonies, and an SOL of 5 years from the offense for any remaining felonies and misdemeanors, with a limited DNA rule.

Trafficking: There is no criminal SOL for most Trafficking felonies, including aggravated human trafficking.

CSAM: There is no criminal SOL for most CSAM felonies, including internet trading in child pornography.

CRIMINAL SOL SNAPSHOT

CSA	NO SOL
TRAFFICKING	NO SOL
CSAM	NO SOL

Criminal SOL History

*Age Cap*
2002	The criminal SOL in Kansas for CSA crimes varied depending on the crime or was 1 year after the date the perpetrator was identified via DNA testing.^[i] Any remaining felony or misdemeanor crimes had an SOL of 5 years after the offense.^[ii]
2012	Added a majority tolling provision for sexually violent crimes, so the applicable SOLs would not begin to run until victims turned 18.[iii]
2013	Eliminated the SOL for felony rape and aggravated sodomy and extended the SOL for other sexually violent crimes, including trafficking and CSAM, to age 28 (age of majority, 18, plus 10 years) or 1 year after the perpetrator is identified via DNA testing, whichever is later.^[iv]
2023	Eliminated the SOL for the following CSA, trafficking and CSAM felonies: indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, enticement of a child, indecent solicitation of a child, aggravated indecent solicitation of a child, sexual exploitation of a child, aggravated sexual battery, aggravated incest, aggravated human trafficking, internet trading in child pornography, aggravated internet trading in child pornography, and commercial sexual exploitation of a child.[v]

[i] Kan. Stat. Ann. § 21-5107(a) (2002) (no SOL), 21-5107(c) (2002) (DNA), 21-5107(e) (2002) (tolling provisions), 21-5107(f) (2002) (when offense committed).

[ii] Id. at § 21-5107(a) (2002) (no SOL), 21-5107(c) (2002) (DNA), 21-5107(d) (2002) (5-year SOL), and 21-5107(e) (2002) (tolling provisions).

[iii] Id. at § 21-5107(e) (2012) (tolling provisions) & 22–3717 (2012) (listing sexually violent crimes).

[iv] Id. at § 21-5107(a) (2013) (no SOL) and 21-5107(e) (2013) (tolling provisions).

[v] Kan. Stat. Ann. § 21-5107(a)(2) (no SOL).

CURRENT KANSAS CRIMINAL LAW

Kan. Stat. Ann. § 21-5107 - Time limitations for commencement of prosecution

(a)(1) A prosecution for any of the following crimes may be commenced at any time:

(A) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;

(B) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto;

(C) murder as described in K.S.A. 21-3401, 21-3402 or 21-3439, prior to their repeal, or K.S.A. 21-5401, 21-5402 or 21-5403, and amendments thereto;

(D) terrorism as defined in K.S.A. 21-3449, prior to its repeal, or K.S.A. 21-5421, and amendments thereto; or

(E) illegal use of weapons of mass destruction as defined in K.S.A. 21-3450, prior to its repeal, or K.S.A. 21-5422, and amendments thereto.

(2) A prosecution for childhood sexual abuse may be commenced at any time. As used in this paragraph, “childhood sexual abuse” means any of the following crimes when the victim is under 18 years of age:

(A) Indecent liberties with a child as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;

(B) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto;

(C) criminal sodomy as defined in K.S.A. 21-3505(a)(2) and (a) (3), prior to its repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;

(D) enticement of a child as defined in K.S.A. 21-3509, prior to its repeal;

(E) indecent solicitation of a child as defined in K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;

(F) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto;

(G) sexual exploitation of a child as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;

(H) aggravated sexual battery as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;

(I) aggravated incest as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;

(J) aggravated human trafficking as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another;

(K) internet trading in child pornography or aggravated internet trading in child pornography as defined in K.S.A. 21-5514, and amendments thereto; or

(L) commercial sexual exploitation of a child as defined in K.S.A. 21-6422, and amendments thereto.

(b) Except as provided in subsection (e), a prosecution for any crime shall be commenced within 10 years after its commission if the victim is the Kansas public employees retirement system.

(c) Except as provided in subsections (a) and (e), a prosecution for a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto:

(1) When the victim is 18 years of age or older shall be commenced within 10 years or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later; or

(2) when the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

(d) Except as provided in subsection (e), a prosecution for any crime as defined in K.S.A. 21-5102, and amendments thereto, not governed by subsection (a), (b) or (c) shall be commenced within five years after it is committed.

(e) The period within which a prosecution shall be commenced shall not include any period in which:

(1) The accused is absent from the state;

(2) the accused is concealed within the state so that process cannot be served upon the accused;

(3) the fact of the crime is concealed;

(4) a prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;

(5) an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it as to any criminal conduct defined as a violation of any of the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, which may be discovered as a result thereof regardless of who obtains the order of restraint; or

(6) whether the fact of the crime is concealed by the active act or conduct of the accused, there is substantially competent evidence to believe two or more of the following factors are present:

(A) The victim was a child under 15 years of age at the time of the crime;

(B) the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime;

(C) the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and

(D) there is substantially competent expert testimony indicating the victim psychologically repressed such victim’s memory of the fact of the crime, and in the expert’s professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information but in no event may a prosecution be commenced as provided in subsection (e)(6) later than the date the victim turns 28 years of age. Corroborating evidence may include, but is not limited to, evidence the defendant committed similar acts against other persons or evidence of contemporaneous physical manifestations of the crime.

(f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing offense plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.

(g) A prosecution is commenced when a complaint or information is filed, or an indictment returned, and a warrant thereon is delivered to the sheriff or other officer for execution. No such prosecution shall be deemed to have been commenced if the warrant so issued is not executed without unreasonable delay.

(h) As used in this section, “parent or other legal authority” shall include, but not be limited to, natural and stepparents, grandparents, aunts, uncles or siblings.

Case Law

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

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Last Updated: November 15, 2023