TEXAS

CHILD SEX ABUSE SOLs

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CURRENT CIVIL SOL

CSA: The civil SOL for CSA claims against all defendants is age 48 with a very narrow discovery rule.

Trafficking: The civil SOL for trafficking claims against all defendants is age 48.

CSAM: The civil SOL for CSAM claims is age 20.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 48

TRAFFICKING: AGE 48

CSAM: AGE 20

REVIVAL LAW

NONE

DISCOVERY TOLLING

30 DAYS

Civil SOL History

*Age Cap*
2002	CSA SOL of age 23 (age of majority, 18, plus 5 years).[i] Trafficking and CSAM SOLs of age 20 under general personal injury and minority tolling statutes (age of majority, 18, plus 2 years).[ii]
2007	Added the offense of continuous sexual abuse of a child to its CSA SOL.[iii]
2011	Added the offense of trafficking and prostitution to its CSA SOL.[iv]
2015	Extended CSA SOL to age 33 (age of majority, 18, plus 15 years).[v]
2019	Extended CSA SOL to age 48 (age of majority, 18, plus 30 years).[vi]

Revival Law
N/A	No window or other SOL revival law.

*Discovery*
Common Law	Although there is a common law discovery rule in Texas running from a victim’s discovery of abuse, it has not yet successfully tolled the SOL for sexual abuse claims.^[vii] To apply the discovery rule, a court must find that “the alleged wrongful act and the resulting injury are inherently undiscoverable at the time they occurred but may be objectively verified.”^[viii] Additionally, the plaintiff need only know of the abuse and the injury, not their causal connection, before the discovery rule is triggered.^[ix]
Statutory	In 1995, Texas added a very narrow statutory discovery rule that gives a plaintiff thirty days after “discover[ing] the identity of the defendant” to amend a previously filed petition with the court.^[x] The discovery rule applies to individual perpetrators and to institutional defendants, but not to the government.^[xi]

[i] Tex. Civ. Prac. & Rem. Code Ann. § 16.0045 (2002) (five-year SOL).

[ii] Id. at §§ 16.001, 16.003.

[iii] Id. at § 16.0045 (2007) (five-year SOL).

[iv] Id. (2011) (five-year SOL).

[v] Id. (2015) (fifteen-year SOL).

[vi] Id. (2019) (thirty-year SOL).

[vii] Doe v. St. Stephen’s Episcopal Sch., 382 F.Appx. 386, 388 (5th Cir. 2010) (noting that “[t]he Texas Supreme Court has not directly addressed the question of whether all sexual abuse cases are inherently undiscoverable, but other Texas courts have found that the discovery rule does not apply uniformly to these cases”); S.V. v. R.V., 933 S.W.2d 1, 25–26 (Tex. 1996) (concluding that the legislature did not prescribe application of the discovery rule in sexual abuse cases). But see Rollins, supra note 922 (questioning the accuracy of the scientific opinion on repressed memories which S.V. v. R.V. was predicated on).

[viii] Dinardo, supra note 921, at 810 (citing L.W. v. L.S, No. 03-96-00535, 1997 WL 634343, at *3 (Tex. Ct. App. Oct. 16, 1997)).

[ix] Doe v. Linam, 225 F.Supp.2d 731, 735 (S.D. Tex. 2002).

[x] Tex. Civ. Prac. & Rem. Code Ann. § 16.0045(d) (2021).

[xi] King-White v. Humble Indep. Sch. Dist., 803 F.3d 754, 760–61, 764 (5th Cir. 2015).

CURRENT TEXAS CIVIL LAW

Tex. Civ. Prac. & Rem. Code Ann. § 16.0045 - Limitations Period for Claims Arising from Certain Offenses

(a) A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates:

(1) Section 22.011(a)(2), Penal Code (sexual assault of a child);

(2) Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child);

(3) Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual);

(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or Section 20A.02(a)(8), Penal Code, involving an activity described by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child or disabled individual trafficked in the manner described by Section 20A.02(a)(7), Penal Code (certain sexual trafficking );

(5) Section 43.05(a)(2) or (3), Penal Code (compelling prostitution by a child or disabled individual); or

(6) Section 21.11, Penal Code (indecency with a child).

(b) A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates:

(1) Section 22.011(a)(1), Penal Code (sexual assault);

(2) Section 22.021(a)(1)(A), Penal Code (aggravated sexual assault);

(3) Section 20A.02, Penal Code (trafficking of persons), other than conduct described by Subsection (a)(4); or

(4) Section 43.05(a)(1), Penal Code (compelling prostitution).

(c) In an action for injury resulting in death arising as a result of conduct described by Subsection (a) or (b), the cause of action accrues on the death of the injured person.

(d) A limitations period under this section is tolled for a suit on the filing of a petition by any person in an appropriate court alleging that the identity of the defendant in the suit is unknown and designating the unknown defendant as “John or Jane Doe.” The person filing the petition shall proceed with due diligence to discover the identity of the defendant and amend the petition by substituting the real name of the defendant for “John or Jane Doe” not later than the 30th day after the date that the defendant is identified to the plaintiff. The limitations period begins running again on the date that the petition is amended.

Case law

S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996) (Texas has found the discovery rule to apply only if “the alleged wrongful act and resulting injury were inherently undiscoverable at the time they occurred but may be objectively verified)

Marshall v. First Baptist Church, 949 S.W.2d 504, 507 (Tex. App. 1997) (holding that the discovery rule did not apply because the victim had reported the abuse and therefore had “discovered the wrongful acts”).

Doe v. Linam, 225 F. Supp. 2d 731, 735-36 (S.D. Tex. 2002) (holding that the discovery rule did not apply because the plaintiff knew both of the abuse and of his emotional and psychological problems)

Adams v. YMCA, 265 S.W.3d 915, 917-18 (Tex. 2008) (To bring a suit, it is not necessary for the victim to connect the abuse to any subsequent psychological injuries or understand the full extent of his injuries.)

Doe v. St. Stephen’s Episcopal Sch., 382 Fed. Appx. 386, 388-389,(5th Cir. Tex. 2010).

Rollins v. Pressler, No. 01-19-00460-CV, 2021 WL 726995 (Tex. App. Feb. 25, 2021) (unsound mind tolling for PTSD)

CURRENT CRIMINAL SOL

CSA: There is no SOL for some CSA offenses. The SOL is age 38 for sexual performance, and the SOL is 3 years from the offense for any remaining felonies and two years from the offense for misdemeanors.

Trafficking: There is no SOL for trafficking offenses.

CSAM: The SOL for CSAM violations is 7 years from the offense.

CRIMINAL SOL SNAPSHOT

CSA	NO SOL
TRAFFICKING	NO SOL
CSAM	7 YEARS FROM OFFENSE

Criminal SOL History

*Age Cap*
2002	Age 28 for sexual assault and indecency with a child unless there was DNA evidence, which eliminated the SOL.[i] The SOL for remaining felonies, including CSAM, was 3 years from the offense or 2 years for misdemeanors, and were not subject to the DNA evidence rule.[ii]
2003	Added new crime of trafficking of persons, including child sex trafficking, which fell under the 3-year SOL.[iii]
2007	Eliminated the SOLs for felony sexual assault, continuous sexual abuse of a child, and indecency with a child. Also, extended the SOL to age 38 for sexual performance of a child under age 17.[iv]
2011	Eliminated the SOL for some sex trafficking offenses and added the crime of compelling prostitution to its age 38 SOL.[v]
2015	Eliminated the SOL for compelling prostitution.[vi]
2023	Extended the SOL for sexual performance of a child age 17 to age 38, and possession or promotion of CSAM to 7 years from the offense.[vii] Added felony offense of child grooming with an SOL of 3 years from the offense.[viii]

[i] Id. at § 12.01 (2002).

[ii] Id. at § 12.02 (2002) (two-year SOL).

[iii] Id. (2003); Tex. Penal Code Ann. § 20A.02 (2003) (trafficking of persons).

[iv] Tex. Code Crim. Proc. Ann. § 12.01 (2007).

[v] Id. (2011).

[vi] Id. (2015).

[vii] Id. (2023).

[viii] Tex. Penal Code Ann. § 15.032 (2023) (child grooming).

CURRENT TEXAS CRIMINAL LAW

Tex. Crim. Proc. Code Ann. § 12.01 - Felonies

Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;

(i) during the investigation of the offense biological matter is collected and the matter:

(a) has not yet been subjected to forensic DNA testing; or

(b) has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or

(ii) probable cause exists to believe that the defendant has committed the same or a similar sex offense against five or more victims;

(D) continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11, Penal Code;

(F) an offense involving leaving the scene of a collision under Section 550.021, Transportation Code, if the collision resulted in the death of a person;

(G) trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code;

(H) continuous trafficking of persons under Section 20A.03, Penal Code;

(I) compelling prostitution under Section 43.05(a)(2) or (3), Penal Code; or

(J) tampering with physical evidence under Section 37.09(a)(1) or (d)(1), Penal Code, if:

(i) the evidence tampered with is a human corpse, as defined by that section; or

(ii) the investigation of the offense shows that a reasonable person in the position of the defendant at the time of the commission of the offense would have cause to believe that the evidence tampered with is related to a criminal homicide under Chapter 19, Penal Code;

(J) interference with child custody under Section 25.03(a)(3), Penal Code;

(J) burglary under Section 30.02, Penal Code, if:

(i) the offense is punishable under Subsection (d) of that section because the defendant entered a habitation with the intent to commit an offense under Section 22.011 or 22.021, Penal Code; and

(ii) during the investigation of the offense biological matter is collected and the matter:

(a) has not yet been subjected to forensic DNA testing; or

(b) has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained;

(2) ten years from the date of the commission of the offense:

(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government property over which the public servant exercises control in the public servant’s official capacity;

(D) injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;

(E) sexual assault, except as provided by Subdivision (1) or (8) ;

(F) arson;

(G) trafficking of persons under Section 20A.02(a)(1), (2), (3), or (4), Penal Code; or

(H) compelling prostitution under Section 43.05(a)(1), Penal Code;

(3) seven years from the date of the commission of the offense:

(A) misapplication of fiduciary property or property of a financial institution;

(B) fraudulent securing of document execution;

(D) false statement to obtain property or credit under Section 32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section 32.31, Penal Code;

(G) fraudulent use or possession of identifying information under Section 32.51, Penal Code;

(H) exploitation of a child, elderly individual, or disabled individual under Section 32.53, Penal Code;

(I) health care fraud under Section 35A.02, Penal Code;

(J) bigamy under Section 25.01, Penal Code, except as provided by Subdivision (7) ; or

(K) possession or promotion of child pornography under Section 43.26, Penal Code;

(4) five years from the date of the commission of the offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5), kidnapping ;

(B-1) except as provided by Subdivision (1) or (5), burglary;

(C) injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;

(D) abandoning or endangering a child, elderly individual, or disabled individual; or

(E) insurance fraud;

(F) assault under Section 22.01, Penal Code, if the assault was committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(G) continuous violence against the family under Section 25.11, Penal Code; or

(H) aggravated assault under Section 22.02, Penal Code;

(4) five years from the date of the commission of the offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5), kidnapping or burglary;

(C) injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; or

(D) insurance fraud;

(5) if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses:

(A) kidnapping under Section 20.03, Penal Code, or aggravated kidnapping under Section 20.04 , Penal Code; or

(B) subject to Subdivision (1)(J), burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section because the defendant entered a habitation with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (A) of this subdivision;

(6) ten years from the 18th birthday of the victim of the offense:

(A) trafficking of a child under Section 20A.02(a)(5) or (6), Penal Code;

(B) injury to a child under Section 22.04, Penal Code;

(C) bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed; or

(D) abandoning or endangering a child;

(6) 20 years from the 18th birthday of the victim of one of the following offenses:

(A) trafficking of persons under Section 20A.02(a)(5) or (6), Penal Code; or

(B) sexual performance by a child under Section 43.25, Penal Code;

(7) ten years from the date the offense was discovered: trafficking of a disabled individual under Section 20A.02(a)(5) or (6), Penal Code;

(7) ten years from the 18th birthday of the victim of the offense:

(A) injury to a child under Section 22.04, Penal Code; or

(B) bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed;

(8) two years from the date the offense was discovered: sexual assault punishable as a state jail felony under Section 22.011(f)(2), Penal Code; or

(9) three years from the date of the commission of the offense: all other felonies.

Tex. Crim. Proc. Code Ann. § 12.02 - Misdemeanors

(a) Except as provided by Subsection (b), a felony indictment for an offense under Section 72.02, 72.03, or 72.04, Penal Code, must be presented not later than five years from the date of the commission of the offense.

(b) If the attorney general or a local prosecutor, as defined by Section 140B.001, Civil Practice and Remedies Code, brings an action in the name of the state under Chapter 140B, Civil Practice and Remedies Code, during the limitations period described by Subsection (a), that limitations period is suspended while the attorney general’s or local prosecutor’s action is pending. If a limitations period is suspended under this subsection, the limitations period is extended for two years.

Case Law

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

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Last Updated: November 15, 2023