MONTANA

CHILD SEX ABUSE SOLs

2024 SOL TRACKER

CURRENT CIVIL SOL

The civil SOL for CSA, trafficking, and CSAM claims is age 27 against all defendants, with a limited 3-year discovery rule and revival up to age 27.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 27

TRAFFICKING: AGE 27

CSAM: AGE 27

REVIVAL LAW

REVIVAL UP TO AGE 27

DISCOVERY TOLLING

3 YEARS

Civil SOL History

*Age Cap*
1989	CSA SOL set at age 24 (age of majority, 21, plus 3 years), including for CSAM offenses.[i]
2019	Extended to age 27 and amended to include trafficking offenses.[ii]
2023	Adds offense of child sex trafficking and includes in CSA SOL of age 27.[iii]

Revival Law
1989	Revived time-barred CSA claims up until a victim reached age 24.[iv]
2019	Opened a 1-year revival window for claims against institutions and perpetrators from May 7, 2019 until May 6, 2020. It contained a highly unusual limitation that actions against perpetrators could only be brought if the perpetrator is alive and has been convicted of or admitted to the abuse.[v]

Discovery

Common Law

No common law discovery rule for CSA.[vi]

Statutory

In 1989, Montana adopted a statutory discovery rule for all CSA claims, including for older claims of abuse that were time-barred before the law went into effect.^[vii] The discovery statute permits filing a lawsuit for abuse “[three] years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.”^[viii] The discovery rule is applicable to claims against all types of defendants.^[ix]

[i] Mont. Code Ann. §§ 27-2-216 (1989) (CSA SOL) & 27-2-401 (1989) (majority tolling).

[ii] Id. at §§ 27-2-216 (2019) (CSA SOL) & 27-2-401 (2019) (majority tolling).

[iii] Id. at § 27-2-216 (2023) (CSA SOL); 2023 Montana Laws Ch. 167 (H.B. 112).

[iv] Cosgriffe v. Cosgriffe, 864 P.2d 776 (Mont. 1993) (holding retroactive application of discovery rule is constitutional).

[v] Mont. Code Ann. § 27-2-216 (2019) (SOL and discovery rule); 2019 Mont. Laws Ch. 367 (H.B. 640).

[vi] E.W. v. D.C.H., 754 P.2d. 817, 818–21 (Mont. 1988) (declining to apply judicially-created discovery rule to child sex abuse case where plaintiff alleged she was unaware of the connection between her injuries and her sexual molestation until after she began therapy).

[vii] Mont. Code Ann. § 27-2-216 (2021); Cosgriffe, supra note 575, at 778–79 (holding retroactive application of discovery rule is constitutional).

[viii] Mont. Code Ann. § 27-2-216 (2021).

[ix] Werre v. David, 913 P.2d 625, 630 (Mont. 1996) (finding discovery statute applicable to “negligence claims which are based on intentional conduct” and not limited to actions against perpetrators).

MONTANA SURVIVOR TOOL KIT

CURRENT MONTANA CIVIL LAW

Mont. Code. Ann. § 27-2-216. - Tort actions--childhood sexual abuse

(1) Except as provided in subsection (4), an action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse against the individual who committed the acts must be commenced:

(a) before the victim of the act of childhood sexual abuse that is alleged to have caused the injury reaches 27 years of age; or

(b) not later than 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.

(2) As used in this section, “childhood sexual abuse” means any act committed against a plaintiff who was less than 18 years of age at the time the act occurred and that would have been a violation of 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, 45-5-625, 45-5-627, 45-5-702, 45-5-705, 45-5-706, 45-5-711, or prior similar laws in effect at the time the act occurred.

(3) Except as provided in subsection (5), in an action for recovery of damages for liability against any entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual abuse that resulted in the injury to the plaintiff, the action must be commenced:

(a) before the victim of the act of childhood sexual abuse that is alleged to have caused the injury reaches 27 years of age; or

(b) not later than 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.

(4) A claim for damages described in subsection (1) that would otherwise be barred because the applicable statute of limitations has expired may be commenced within 1 year of May 7, 2019, if the individual who committed the act of childhood sexual abuse against the plaintiff is alive at the time the action proceeds or is commenced and:

(a) has admitted to the commission of the act of childhood sexual abuse against the plaintiff in either a written and signed statement or a statement recorded by audio or video; or

(b)(i) has made one or more statements admitting to the commission of the act of childhood sexual abuse against the plaintiff under oath or in a plea agreement; or

(ii) has been convicted of an offense listed in subsection (2) in which the plaintiff was the victim.

(5)(a) A claim for damages described in subsection (3) that would otherwise be barred because the applicable statute of limitations has expired must be revived if the court concludes that the entity against whom the action is commenced, based upon documents or admissions by employees, officers, directors, officials, volunteers, representatives, or agents of the entity, knew, had reason to know, or was otherwise on notice of any unlawful sexual conduct by an employee, officer, director, official, volunteer, representative, or agent and failed to take reasonable steps to prevent future acts of unlawful sexual conduct.

(b) A cause of action in which allegations described in subsection (5)(a) are made but that would otherwise be barred by the statute of limitations in subsection (3) may be commenced within 1 year of May 7, 2019.

(6) As used in subsection (5), “admissions” include:

(a) a criminal conviction of an employee, officer, director, official, volunteer, representative, or agent of the entity for an offense of childhood sexual abuse;

(b) a written statement;

(d) statements made in:

(i) a plea agreement or change of plea hearing;

(ii) a trial; or

(iii) a settlement agreement.

(7) The provisions of 27-2-401 apply to this section.

Mont. Code. Ann. § 27–2–401 - When person entitled to bring action is under a disability

(1) If a person entitled to bring an action mentioned in part 2, except 27-2-211(3), is, at the time the cause of action accrues, either a minor or has been committed pursuant to 53-21-127, the time of the disability is not a part of the time limit for commencing the action. However, the time limit cannot be extended more than 5 years by the disability of commitment.

(2) If an action is barred by 27-2-304, any of the heirs, devisees, or creditors who at the time of the transaction upon which the action might have been founded were under one of the disabilities mentioned in subsection (1) may, within 5 years after the cessation of the disability, maintain an action to recover damages. In the action, the person may recover the sum or the value of the property that the person would have received upon the final distribution of the estate if an action had been commenced in a timely manner by the personal representative.

(3) A person may not claim a disability unless it existed when the right of action or entry accrued.

(4) When both disabilities referred to in subsection (1) coexist at the time that the right of action or entry accrues, the limitation does not attach until both are removed.

Case law

Cosgriffe v. Cosgriffe, 262 Mont. 175, 864 P.2d 776 (Mont. 1993).

CURRENT CRIMINAL SOL

CSA: There is no SOL for felony and misdemeanor CSA offenses.

Trafficking: There is no SOL for trafficking.

CSAM: There is no SOL for CSAM offenses.

CRIMINAL SOL SNAPSHOT

CSA	No SOL
TRAFFICKING	No SOL
CSAM	No SOL

Criminal SOL History

*Age Cap*
2002	The SOL for felony sexual assault, intercourse without consent and incest was age 28 (age of majority, 18, plus 10 years), and for other sexual abuse felonies and misdemeanors, it was age 23 (age of majority, 18, plus 5 years).[i]
2007	Extended the SOL for more incest-related offenses to age 28. It also added a 1-year SOL if DNA established the identity of the perpetrator at any time.[ii]
2017	Extended the age 28 SOL for felonies to age 38 (age of majority, 18, plus 20 years) and broadened it to include sexual abuse of children.[iii]
2019	Eliminated the SOL for felony and misdemeanor sexual abuse of children, including prostitution, trafficking, and CSAM violations.[iv]
2023	Adds crime of felony child sex trafficking with no SOL.[v]

[i] Mont. Code Ann. § 45-1-205 (2002) (SOL).

[ii] Id. (2007) (SOL).

[iii] Id. (2017) (SOL).

[iv] Id. (2019) (SOL).

[v] Id. (2023) (SOL); 2023 Montana Laws Ch. 167 (H.B. 112).

CURRENT MONTANA CRIMINAL LAW

Mont Code Ann. § 45-1-205 - General time limitations

(1)(a) A prosecution for deliberate, mitigated, or negligent homicide may be commenced at any time.

(b) Except as provided in subsection (1)(c) or (9), a prosecution for a felony offense under 45-5-502, 45-5-503, 45-5-504, 45-5-507(4) or (5), 45-5-625, or 45-5-627 may be commenced within 10 years after it is committed.

(c) A prosecution for an offense under 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, 45-5-625, 45-5-627, 45-5-702, 45-5-705, 45-5-706, or 45-5-711 may be commenced at any time if the victim was less than 18 years of age at the time that the offense occurred.

(2) Except as provided in subsection (7)(b) or as otherwise provided by law, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony must be commenced within 5 years after it is committed.

(b) A prosecution for a misdemeanor must be commenced within 1 year after it is committed.

(3) The periods prescribed in subsection (2) are extended in a prosecution for theft involving a breach of fiduciary obligation to an aggrieved person as follows:

(a) if the aggrieved person is a minor or incompetent, during the minority or incompetency or within 1 year after the termination of the minority or incompetency;

(b) in any other instance, within 1 year after the discovery of the offense by the aggrieved person or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense and is not personally a party to the offense or, in the absence of discovery, within 1 year after the prosecuting officer becomes aware of the offense.

(4) The period prescribed in subsection (2) must be extended in a prosecution for unlawful use of a computer, and prosecution must be brought within 1 year after the discovery of the offense by the aggrieved person or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense and is not personally a party to the offense or, in the absence of discovery, within 1 year after the prosecuting officer becomes aware of the offense.

(5) The period prescribed in subsection (2) is extended in a prosecution for misdemeanor fish and wildlife violations under Title 87, and prosecution must be brought within 3 years after an offense is committed.

(6) The period prescribed in subsection (2)(b) is extended in a prosecution for misdemeanor violations of the laws regulating the activities of outfitters and guides under Title 37, chapter 47, and prosecution must be brought within 3 years after an offense is committed.

(7)(a) An offense is committed either when every element occurs or, when the offense is based upon a continuing course of conduct, at the time when the course of conduct is terminated. Time starts to run on the day after the offense is committed.

(b) A prosecution for theft under 45-6-301 may be commenced at any time during the 5 years following the date of the theft, whether or not the offender is in possession of or otherwise exerting unauthorized control over the property at the time the prosecution is commenced. After the 5-year period ends, a prosecution may be commenced at any time if the offender is still in possession of or otherwise exerting unauthorized control over the property, except that the prosecution must be commenced within 1 year after the investigating officer discovers that the offender still possesses or is otherwise exerting unauthorized control over the property.

(8) A prosecution is commenced either when an indictment is found or an information or complaint is filed.

(9) If a suspect is conclusively identified by DNA testing after a time period prescribed in subsection (1)(b) has expired, a prosecution may be commenced within 1 year after the suspect is conclusively identified by DNA testing.

(10) A prosecution for reckless driving resulting in death may be commenced within 3 years after the offense is committed.

(11) A prosecution of careless driving resulting in death may be commenced within 3 years after the offense is committed.

Case Law

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

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Last Updated: December 4, 2023