MISSISSIPPI
CHILD SEX ABUSE SOLs
Historical SOL
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CURRENT CIVIL SOL
Summary: The civil SOL for CSA, trafficking, and CSAM claims is age 24 against all defendants, with a discovery rule.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: AGE 24 TRAFFICKING: AGE 24 CSAM: AGE 24 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 3 YEARS |
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
Summary:
CSA: In Mississippi, there is no SOL for many CSA 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.
Trafficking: There is no SOL for trafficking.
CSAM: There is no SOL for CSAM offenses.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | NO SOL |
CURRENT MISSISSIPPI CRIMINAL LAW
Miss. Code Ann. § 99-1-5 - Limitations; exceptions
(1)(a) 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 any human trafficking offense as described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 97-3-54.3.
(b) A person shall not be prosecuted 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.
(c) 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.
(d) The time limitation on prosecution for conspiracy, as described in Section 97-1-1, shall be the same as for the underlying offense for which the defendant is accused of conspiring to commit.
(e) A person shall not be prosecuted for bribery as defined in Section 97-11-11, unless the prosecution for the offense is commenced within five (5) years after the commission thereof.
(2) 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.
(3) 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: September 12, 2023