MISSISSIPPI

CHILD SEX ABUSE SOLs

CURRENT CIVIL SOL

In Mississippi, the civil SOL is capped at age 24 (age of majority, 21, plus 3 years).

CIVIL SOL SNAPSHOT

AGE CAP

Age 24

DISCOVERY TOLLING

NONE

REVIVAL LAW

NONE

Changes Since 2002:

Age Cap: Mississippi has made no changes to its civil SOL since 1990, when it set the age at 24 (age of majority, 21, plus 3 years). This makes it one of the most restrictive civil SOLs in the country. 

Discovery:  Mississippi has not recognized a common law discovery rule and has not applied its statutory discovery rule to claims for child sex abuse.

Revival Law:  Mississippi has not passed a window or other SOL revival legislation since 2002.

CURRENT MISSISSIPPI CIVIL LAW

Miss. Code Ann. § 15-1-49 - Actions without prescribed period of limitation; actions involving latent injury or disease

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.

(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.

(3) The provisions of subsection (2) of this section shall apply to all pending and subsequently filed actions.

Miss. Code Ann. § 15-1-59 - Person under disability of infancy or unsoundness of mind

If any person entitled to bring any of the personal actions mentioned shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the actions within the times in this chapter respectively limited, after his disability shall be removed as provided by law. However, the saving in favor of persons under disability of unsoundness of mind shall never extend longer than twenty-one (21) years.

Case law

CURRENT CRIMINAL SOL

In Mississippi, there is no criminal SOL for many child sex abuse felonies and an SOL of 5 years for sexual battery or fondling of a vulnerable person. For the remaining felonies and misdemeanors the SOL is 2 years after the offense.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

RAPE

NO SOL Miss. Code Ann. § 99-1-5

FELONIOUS ABUSE/BATTERY OF CHILD

NO SOL Miss. Code Ann. § 99-1-5

TOUCHING A CHILD WITH LUSTFUL PURPOSE

NO SOL Miss. Code Ann. § 99-1-5

SEXUAL BATTERY OF CHILD

NO SOL Miss. Code Ann. § 99-1-5

EXPLOITATION OF CHILDREN

NO SOL Miss. Code Ann. § 99-1-5

PROSTITUTION OF MINOR

NO SOL Miss. Code Ann. § 99-1-5

HUMAN TRAFFICKING

NO SOL Miss. Code Ann. § 99-1-5

SEXUAL BATTERY OR FONDLING OF VULNERABLE PERSON

 5 YEARS AFTER OFFENSE Miss. Code Ann. § 99-1-5

OTHER FELONIES AND MISDEMEANORS

2 YEARS AFTER OFFENSE Miss. Code Ann. § 99-1-5

DNA SNAPSHOT

 

NO DNA STATUTE


Changes Since 2002:

By 2002, Mississippi eliminated the criminal SOL for rape.  Most other child sex abuse felonies had an SOL of age 21.  The remaining felonies and misdemeanors were subject to an SOL of 2 years from the offense.  In 2003, it removed the SOL for most child sex abuse felonies.  In 2004 the state removed the SOL for sexual battery of 16 and 17 year-olds by a person in a position of trust and again in 2013 for promoting prostitution and trafficking.

CURRENT MISSISSIPPI CRIMINAL LAW

Miss. Code Ann. § 99-1-5 - Limitations; exceptions

The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), exploitation of children as described in Section 97-5-33, promoting prostitution under Section 97-29-51(2) when the person involved is a minor, or for any human trafficking offense described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 93-3-54.3. A person shall not be prosecuted for conspiracy, as described in Section 97-1-1, for felonious assistance-program fraud, as described in Section 97-19-71, or for felonious abuse of vulnerable persons, as described in Sections 43-47-18 and 43-47-19, unless the prosecution for the offense is commenced within five (5) years next after the commission thereof. A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for the offense is commenced within six (6) years next after the commission thereof. A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for the offense is commenced within two (2) years next after the commission thereof. Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.

Case Law

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

Last Updated: April 21, 2021

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