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
Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued:
1. An action for libel, slander, assault, battery, or false imprisonment.
2. An action upon a statute for a forfeiture or penalty to the state.
3. An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25.
4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.
5. An action for recovery of damages arising under chapter 5-01, and the claim for relief is deemed to have accrued at the time of the alleged offense. This limitation does not apply to any claim for relief existing at the time of the enactment of this subsection.
N.D. Cent. Code Ann. § 28-01-25.1 - Limitation on actions alleging childhood sexual abuse
1. Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within twenty-one years after the potential claim resulting from alleged childhood sexual abuse accrued.
2. If the plaintiff was under fifteen years of age when the act resulting in a potential claim for childhood sexual abuse occurred, the applicable twenty-one year period of limitation does not begin to run until the plaintiff has reached fifteen years of age.
3. For purposes of this section, “childhood sexual abuse” means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under eighteen years of age and which would have been a violation of chapter 12.1-20 or 12.1-27.2.
4. In a claim for relief under this section, the plaintiff is not required to establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.
N.D. Cent. Code Ann. § 28-01-25 - Disabilities extend limitations on actions generally--Exceptions
If a person who is entitled to bring an action other than for the recovery of real property, or for a penalty or forfeiture, or against a sheriff or other officer for an escape is:
1. Under the age of eighteen years;
2. Insane; or
3. Imprisoned on a criminal charge or in execution under the sentence of a criminal court for a term less than for life,

 

at the time the claim for relief accrues, the time of such disability is not a part of the time limited for the commencement of the action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging professional malpractice, the extension of the limitation due to infancy is limited to twelve years.
N.D. Cent. Code Ann. § 12.1-41-15 - Civil Action
1. A victim may bring a civil action against a person that commits an offense against the victim under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 for compensatory damages, exemplary or punitive damages, injunctive relief, and any other appropriate relief.
2. If a victim prevails in an action under this section, the court shall award the victim reasonable attorney’s fees and costs.
3. An action under this section must be commenced not later than ten years after the later of the date on which the victim:
a. No longer was subject to human trafficking; or
b. Attained eighteen years of age.
4. Damages awarded to a victim under this section for an item must be offset by any restitution paid to the victim pursuant to section 12.1-41-09 for the same item.
5. This section does not preclude any other remedy available to a victim under federal law or law of this state other than this chapter.
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
  1. 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.

 

  1. 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