LOUISIANA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
Summary: Louisiana has no civil SOL for CSA, trafficking, or CSAM claims against all defendants. A 3-year revival window is open until July 31, 2024 for all previously expired claims against any type of defendant.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: NONE TRAFFICKING: NONE CSAM: NONE |
REVIVAL LAW | 3-YEAR WINDOW (closes 6/13/24) |
DISCOVERY TOLLING | YES, NO TIME LIMIT |
Civil SOL History
| Age Cap | |
| 1993 | Age 28 (age of majority, 18, plus 10 years) for child abuse, including CSA and CSAM.[i] |
| 2005 | New crime of human trafficking governed by age 28 SOL.[ii] |
| 2021 | Eliminated the civil SOL for child abuse, including CSA, CSAM, and trafficking claims.[iii] |
| Revival Law | |
| 2021 | Enacted a 3-year revival window for previously expired CSA and child physical abuse claims against all types of defendants which opened on June 14, 2021, and closes on June 13, 2024.[iv] |
| 2022 | Clarified window claims are revived against institutional defendants and also for pre-1993 abuse.[v] |
| Discovery | |
| Common Law | In 1995, Louisiana recognized a common law discovery rule which tolls the SOL for CSA claims.[vi] The discovery rule provides that the SOL “commences to run not necessarily on the date the injury occurs or the damage is sustained, but from the date the affected individual knows or should have known of the injury or damage sustained.”[vii] Louisiana’s common law discovery rule is applicable to claims against all types of defendants, including institutions.[viii] The applicable discovery rule tolling for a specific case is the length of the SOL at the time of abuse and any SOL extensions that went into effect before the original SOL expired.[ix] The prior SOL in Louisiana was 1 year, but in 1988 it was extended to 3 years in actions against parents or caretakers.[x] In 1993, the SOL for CSA claims was extended to 10 years, and in 2021, it was eliminated completely.[xi] There is no SOL for CSA injuries that were not discovered before June 14, 2021, or that were discovered more recently and the applicable SOL was not yet expired before that date.[xii] |
| Statutory | No statutory discovery rule for CSA. |
[i] La. Stat. Ann. § 9:2800.9 (1993) (age twenty-eight SOL), La. Civ. Code Ann. art. 29 (1993) (majority statute), La. Child. Code Ann. art. 603 (1991) (including “the involvement of the child in any sexual act” and “the child’s involvement in pornographic displays” in the definition of “abuse”), La. Stat. Ann. § 14:81.1 (1992) (pornography involving juveniles).
[ii] La. Stat. Ann. § 14:46.2 (2005) (human trafficking).
[iii] La. Stat. Ann. § 9:2800.9 (2021) (no SOL); 2021 La. Sess. Law Serv. Act 322 (H.B. 492).
[iv] La. Stat. Ann. § 9:2800.9 (2021) (three-year window); 2021 La. Sess. Law Serv. Act 322 (H.B. 492).
[v] La. Stat. Ann. § 9:2800.9(A)(1) (2022) (three-year window); 2022 La. Sess. Law Serv. Act 386 (H.B. 402).
[vi] Doe v. Roman Catholic Church, 656 So. 2d 5, 7 (La. Ct. App. 1995) (concluding the discovery rule is applicable “where some cause of action is not known or reasonably knowable by the plaintiff, even though his ignorance is not induced by the defendant”) writ denied, 662 So. 2d 478 (La. Nov. 13, 1995). See also Doe v. Archdiocese of New Orleans, 823 So. 2d 360, 366 (La. Ct. App. 2002) (holding the discovery rule is applicable to repressed memory of abuse) writ denied, 828 So. 2d 1127 (La. Nov. 8, 2002).
[vii] Roman Catholic Church, supra note 419, at 8.
[viii] N. G. v. A. C., 281 So. 3d 727, 735 (La. Ct. App. 2019) (finding common law discovery rule applicable to claims against non-abusers as well).
[ix] See Johnson v. The Roman Catholic Church for The Archdiocese of New Orleans, 844 So. 2d 65, 69 (La. Ct. App. 2003), writ denied sub nom. Johnson v. Roman Catholic Church for Archdiocese of New Orleans, 843 So. 2d 401 (La. May 9, 2003), writ denied sub nom. Johnson v. The Roman Catholic Church, 843 So. 2d 406 (La. May 9, 2003).
[x] See Johnson, supra note 422, at 68 (discussing overview of historical changes to child sex abuse SOL); La. Civ. Code Ann. art. 3496.1 (prior version had three-year SOL for action against parent or caretaker).
[xi] La. Stat. Ann. § 9:2800.9 (2021); 1993 La. Sess. Law Serv. Act 694; 2021 La. Sess. Law Serv. Act 322 (H.B. 492).
[xii] Id.
LA. STAT. ANN. § 9:2800.9 - Action against a person for abuse of a minor
A. (1) An action against a person for sexual abuse of a minor or for physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring does not prescribe. “Abuse” has the same meaning as provided in Children’s Code Article 603.
(2) An action against a person convicted of a crime against the child does not prescribe and may be filed at any time following conviction. “Crime against the child” has the same meaning as provided in Children’s Code Article 603.
B. Every plaintiff twenty-one years of age or older at the time the action is filed shall file certificates of merit executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows:
(1) That the attorney has reviewed the facts of the case, that the attorney has consulted with at least one licensed mental health practitioner who is licensed to practice and practices in this state and whom the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and that the attorney has concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the petition. The person consulted may not be a party to the litigation.
(2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of his knowledge of the facts and issues, that in his professional opinion there is a reasonable basis to believe that the plaintiff has been subject to criminal sexual activity or physical abuse during his childhood as defined in this Section.
(3) That the attorney was unable to obtain the consultation required by Paragraph (1) because a statute of limitations would impair the action and that the certificates required by Paragraphs (1) and (2) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this Paragraph, the certificates required by Paragraphs (1) and (2) shall be filed within sixty days after filing the petition.
C. Where certificates are required pursuant to Subsection B of this Section, separate certificates shall be filed for each defendant named in the complaint.
D. A petition filed pursuant to Subsection B of this Section may not name the defendant or defendants until the court has reviewed the certificates of merit filed and has determined, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for filing of the action. At that time, the petition may be amended to name the defendant or defendants. The duty to give notice to the defendant or defendants shall not attach until that time.
E. A violation of Subsection B of this Section may constitute unprofessional conduct and may be the grounds for discipline against the attorney.
Case law
CURRENT CRIMINAL SOL
Summary:
CSA: There is no SOL for aggravated and forcible rape, an SOL of age 48 for other felonies, and an SOL of 2 years from the offense for certain misdemeanors, with a limited DNA rule.
Trafficking: The SOL for trafficking is age 48.
CSAM: The SOL for CSAM violations is age 48.
CRIMINAL SOL SNAPSHOT
CSA | NO SOL |
TRAFFICKING | AGE 48 |
CSAM | AGE 48 |
Criminal SOL History
| Age Cap | |
| 2002 | No SOL for crimes punishable by death or life imprisonment, which included aggravated rape (first degree rape), and forcible rape (second degree rape). For most other felony sex offenses against minors under age 17, the SOL was age 28 (age of majority, 18, plus 10 years).[i] For any remaining felonies, including sex offenses committed against 17 year-olds, the SOL was either 4 years from the offense or 6 years from the offense if the crime was punishable by hard labor.[ii] Misdemeanors had an SOL of 2 years from the offense where the crime was punishable by imprisonment and 6 months if punishable by only a fine.[iii] |
| 2003 | Added a DNA evidence rule, allowing felony and misdemeanor sex offenses to be prosecuted 3 years after the offender is identified by DNA.[iv] |
| 2005 | Extended the SOL for CSA felony offenses against minors under age 17 from age 28 to age 48 (age of majority, 18, plus 30 years).[v] |
| 2012 | Extended the SOL to age 48 for felony trafficking, prostitution, and CSAM of minors under age 17.[vi] |
[i] La. Code Crim. Proc. Ann. 571 (no SOL); 571.1 (SOL).
[ii] La. Code Crim. Proc. Ann. 572 (SOL).
[iii] Id.
[iv] Id.
[v] La. Code Crim. Proc. Ann. 571 (no SOL); 571.1 (SOL).
[vi] Id. at 571 (no SOL); 571.1 (SOL).
CURRENT LOUISIANA CRIMINAL LAW
La. Code Crim. Proc. Ann. 571 - Crimes for which there is no time limitation
There is no time limitation upon the institution of prosecution for any crime for which the punishment may be death or life imprisonment or for the crime of forcible or second degree rape (R.S. 14:42.1).
La. Code. Crim. Proc. Ann. art. 571.1 - Time limitation for certain sex offenses
Except as provided by Article 572, the time within which to institute prosecution of the following sex offenses, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years: attempted first degree rape, also formerly titled aggravated rape (R.S. 14:27, R.S. 14:42), attempted second degree rape, also formerly titled forcible rape (R.S. 14:27, R.S. 14:42.1), sexual battery (R.S. 14:43.1), second degree sexual battery (R.S. 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking (R.S. 14:46.2(B)(2) or (3)), trafficking of children for sexual purposes (R.S. 14:46.3), felony carnal knowledge of a juvenile (R.S. 14:80), indecent behavior with juveniles (R.S. 14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2), prostitution of persons under eighteen (R.S. 14:82.1), enticing persons into prostitution (R.S. 14:86), crime against nature (R.S. 14:89), aggravated crime against nature (R.S. 14:89.1), crime against nature by solicitation (R.S. 14:89.2(B)(3)), that involves a victim under eighteen years of age. This thirty-year period begins to run when the victim attains the age of eighteen.
La. Code Crim. Proc. Ann. art. 572 - Limitation of prosecution of non-capital offenses
- Except as provided in Articles 571 and 571.1, no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed:
(1) Six years, for a felony necessarily punishable by imprisonment at hard labor.
(2) Four years, for a felony not necessarily punishable by imprisonment at hard labor.
(3) Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.
(4) Six months, for a misdemeanor punishable only by a fine or forfeiture.
- (1) Notwithstanding the provisions of Article 571.1 and Paragraph A of this Article, prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile.
(2) A prosecution under the exception provided by this Paragraph shall be commenced within three years from the date on which the identity of the suspect is established by DNA testing.
(3) For purposes of this Article, “DNA” means deoxyribonucleic acid, which is located in cells and provides an individual’s personal genetic blue print and which encodes genetic information that is the basis of human heredity and forensic identification.
(4) This Paragraph shall have retroactive application to crimes committed prior to June 20, 2003.
- Upon expiration of the time period in which a prosecution may be instituted, any bail bond applicable to that prosecution which bond has not been forfeited shall also expire, and all obligations of that bail undertaking shall be extinguished as a matter of law.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Louisiana SOL in a particular case, contact a lawyer in the state.
Last Updated: September 12, 2023