NORTH DAKOTA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: The civil SOL for CSA claims against all defendants is age 36 for minors abused under age 15, and 21 years after the abuse for minors abused at age 15-17.
Trafficking: The civil SOL for trafficking claims is age 28.
CSAM: The civil SOL for CSAM claims is age 36 for minors abused under age 15, and 21 years after the abuse for minors abused at age 15-17.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: Age 36-38 Trafficking: Age 28 CSAM: Age 36-38 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | NONE |
Civil SOL History
Age Cap | |
2002 | Personal injury SOL of age 19 (age of majority, 18, plus 1 year).[i] |
2015 | Added a civil cause of action for trafficking and set the SOL at age 28 (age of majority, 18, plus 10 years) or 10 years from when trafficking ended, whichever is later.[ii] |
2023 | Extended the civil SOL for CSA and CSAM for minors abused while under age 15, to age 36, and for minors abused at age 15 or older, to 21 years after the abuse. Also, made the SOL applicable to state entities and exempted CSA claims from the notice of claim time limits.[iii] |
Revival Law | |
N/A | No window or other SOL revival law. |
Discovery | |
Common Law | North Dakota first recognized that its common law discovery rule was applicable to CSA cases in 1989.[iv] The 2-year SOL began to run when the plaintiff “ha[d] been apprised of facts which would place a reasonable person on notice that a potential claim exists.”[v] In essence, the discovery rule tolls the SOL until a victim is aware of their injury, but “it does not require the plaintiff to know the full extent of the injury.”[vi] Because the common law discovery rule is construed narrowly, it is difficult for victims to bring a claim years after the abuse occurred. As of 2023, the common law discovery rule may no longer be applicable to CSA because the SOL was amended to run from the date of the act instead of the date the claim accrued.[vii] |
Statutory | In 2011, a 7-year discovery statute was added for sex offenses and sexual performances by children, which runs from the date the victim “knew or reasonably should have known that a potential claim exists.”[viii] In 2015, the discovery statute was extended to 10 years.[ix] There are no decisions interpreting North Dakota’s discovery statute, so it remains unclear whether it is helpful to victims and which types of defendants it holds liable. In 2023, when North Dakota amended its SOL, it removed its discovery tolling provision.[x] The discovery provision may still be applicable to delayed discoveries of victims who were still within the discovery time allotted by the statute before it was amended out on August 1, 2023. |
[i] N.D. Cent. Code Ann. §§ 28-01-18 (2002) (two-year personal injury SOL), 28-01-25 (2002) (majority tolling). See also Dunford v. Tryhus, 776 N.W.2d 539, 541 (N.D. 2009) (affirming the district court’s grant of summary judgment to defendant on SOLs grounds, and finding that repressed memory was not included in the list of statutory disabilities and therefore did not extend the two-year SOLs) (citing Wall v. Lewis, 393 N.W.2d 758, 761 (N.D. 1986)); Peterson v. Huso, 552 N.W.2d 83, 85–86 (N.D. 1996); Osland v. Osland, 442 N.W.2d 907, 909 (N.D. 1989) (recognizing common law discovery rule).
[ii] N.D. Cent. Code Ann. § 12.1-41-15 (2015) (human trafficking civil action).
[iii] Id. at § 28-01-25.1 (2023) (CSA SOL); 2023 N.D. Laws S.B. 2282.
[iv] Osland, supra note 735, at 909.
[v] Dunford, supra note 735, at 542 (citing Wall, supra note 694). See also Peterson, supra note 735, at 85–86.
[vi] Dunford, supra note 735, at 542 (citing Erickson v. Scotsman, Inc., 456 N.W.2d 535, 539 (N.D. 1990)).
[vii] N.D. Cent. Code Ann. § 28-01-25.1 (2023) (CSA SOL); 2023 N.D. Laws S.B. 2282.
[viii] N.D. Cent. Code Ann. § 28-01-25.1 (2011) (emphasis added).
[ix] Id. at § 28-01-25.1 (2021).
[x] Id. at § 28-01-25.1 (2023); 2023 N.D. Laws S.B. 2282.
CURRENT NORTH DAKOTA CIVIL LAW
N.D. Cent. Code Ann. § 28-01-18 - Actions having two-year limitations
N.D. Cent. Code Ann. § 28-01-25.1 - Limitation on actions alleging childhood sexual abuse
N.D. Cent. Code Ann. § 28-01-25 - Disabilities extend limitations on actions generally--Exceptions
N.D. Cent. Code Ann. § 12.1-41-15 - Civil Action
Case law
CURRENT CRIMINAL SOL
CSA: The SOL is age 36 for victims under age 15. The SOL is 2 or 3 years from the offense for other felonies and misdemeanors, with a DNA rule.
Trafficking: The SOL is age 22 for human trafficking of victims under age 15, while the SOL is 7 years for trafficking of victims aged 15 and older.
CSAM: The SOL for CSAM violations is 3 years from the offense.
CRIMINAL SOL SNAPSHOT
CSA | Age 36 |
TRAFFICKING | Age 22 |
CSAM | 3 years from offense |
Criminal SOL History
Age Cap | |
2002 | The SOL for CSA was 7 years from the offense or 3 years after reporting to law enforcement, whichever was later. The SOL for human trafficking was 7 years from the offense.[i] A tolling rule for victims under age 15 stopped the 7-year SOL from running until they were 15 years-old, effectively extending the SOL to age 22.[ii] Other felony sex offenses, including CSAM violations, had an SOL of 3 years and misdemeanors had an SOL of 2 years from the offense. For victims under age 15, the SOL did not start running until they reached age 15.[iii] |
2015 | Extended the criminal SOL for CSA to 10 years from the offense or 3 years after reporting. It also added a 3-year discovery rule, which extended the SOL for CSA to 3 years after the offense is reported or DNA identifies the perpetrator. Like the previous SOL, the 10-year SOL was tolled for victims under age 15 so that prosecution was permitted until a victim reaches age 25 (age of tolling, 15, plus 10 years).[iv] It also extended the SOL for prosecution of felony human trafficking to 7 years from the offense if a victim is age 15, 16 or 17 and age 22 (age of tolling, 15, plus 7 years) if victim is under age 15.[v] |
2017 | Added identification via fingerprinting too. |
2019 | Extended the SOL for CSA under age 15 to 21 years from the offense or 3 years after it is reported to law enforcement or DNA or fingerprint evidence establishes the identity of the perpetrator, even if the prior SOLs expired, whichever is later. Under the tolling rule for CSA under age 15, prosecution is permitted until a victim reaches age 36 (age of tolling, 15, plus 21 years).[vi] |
[i] Id. at § 29-04-02.1 (2001) (trafficking SOL).
[ii] Id. at §§ 29-04-03.1 (2002) (SOL), 29-04-03.2 (2002) (minority tolling). See also State v. Goebel, 725 N.W.2d 578, 585 (N.D. 2007) (holding that “if the victim is under the age of fifteen at the time of the offense, the SOL does not begin to run until the victim reaches the age of fifteen, which extends the initial seven-year limitation period until the victim reaches the age of twenty-two”).
[iii] N.D. Cent. Code Ann. §§ 29-04-02 (2002), 29-04-03 (2002), 29-04-03.2 (2002) (majority tolling).
[iv] Id. at §§ 29-04-02 (2015), 29-04-03 (2015), 29-04-03.2 (2015) (majority tolling).
[v] N.D. Cent. Code Ann. §§ 29-04-02.1 (2015) (human trafficking) & 29-04-03.2 (2015) (tolling for under age fifteen).
[vi] Id. at § 29-04-03.1 (2019) (SOL).
CURRENT NORTH DAKOTA CRIMINAL LAW
N.D. Cent. Code Ann. § 29-04-02 - Prosecution for felony other than murder within three years
Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission. Prosecution of felony offenses under chapter 12.1-23 must be commenced within the later of three years of commission of the last act that is an element of the offense, three years of discovery of the stolen property, or three years of discovery of the loss of the property or services. Nothing in this section prevents a person prosecuted for murder from being found guilty of any included offense and punished accordingly.
N.D. Cent. Code Ann. § 29-04-02.1 - Prosecution for gross sexual imposition or human trafficking
Except as otherwise provided by law, a prosecution for a violation of subdivision a of subsection 1 of section 12.1-20-03 or for the crime of human trafficking must be commenced in the proper court within seven years after the commission of the offense.
N.D. Cent. Code Ann. § 29-04-03 - Prosecution for misdemeanor or infraction within two years
A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be commenced within two years after its commission. Prosecution of misdemeanor offenses under chapter 12.1-23 must be commenced within the later of two years of commission of the last act that is an element of the offense, two years of discovery of the stolen property, or two years of discovery of the loss of the property or services.
N.D. Cent. Code Ann. § 29-04-03.1 - Prosecution for sexual abuse of minors
- Except as provided in subsection 2, a prosecution for a violation of sections 12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under eighteen years of age at the time the offense was committed must be commenced in the proper court within twenty-one years after the commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.
- If, based upon evidence containing deoxyribonucleic acid or a fingerprint obtained at the time of offense, a suspect is conclusively identified by deoxyribonucleic acid testing after the time period prescribed in subsection 1 has expired, a prosecution may be commenced within three years after the suspect is conclusively identified by the deoxyribonucleic acid testing or fingerprint authentication.
N.D. Cent. Code Ann. § 29-04-03.2 - Statute of limitations as to child victim
If the victim of a violation of chapter 12.1-20 or of the crime of human trafficking is under the age of fifteen, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of fifteen.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the North Dakota SOL in a particular case, contact a lawyer in the state.
Last Updated: November 15, 2023