TEXAS
CHILD SEX ABUSE SOLs
Historical CSA SOL Treatise
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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 |
CURRENT TEXAS CIVIL LAW
Tex. Civ. Prac. & Rem. Code Ann. § 16.0045 - Limitations Period for Claims Arising from Certain Offenses
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).
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 |
CURRENT TEXAS CRIMINAL LAW
Tex. Crim. Proc. Code Ann. § 12.01 - Felonies
Tex. Crim. Proc. Code Ann. § 12.02 - Misdemeanors
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.
Last Updated: November 15, 2023