UTAH
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
There is no civil SOL for CSA, trafficking, and CSAM claims against perpetrators. The SOL is age 22 against other defendants with a 4-year discovery rule.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: None Trafficking: None CSAM: None |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 4 YEARS AGAINST OTHER DEFENDANTS 2 YEAR AGAINST GOVERNMENT |
Civil SOL History
Age Cap | |
2002 | Age 22 (age of majority, 18, plus 4 years) under CSA SOL.[i] |
2011 | Added new crime of sexual exploitation of a minor (CSAM), which fell under CSA SOL.[ii] |
2015 | Added new crime of child trafficking, which fell under CSA SOL.[iii] Eliminated the SOL for actions against the perpetrator.[iv] |
2019 | Removed governmental immunity for claims of CSA and implemented an SOL for claims against government entities or employees of 2 years from the abuse or discovery of the claim.[v] |
Revival Law | |
2016 | Enacted a revival law, which opened a 3-year window for victims of any age and revived claims up to age 53 (age of majority, 18, plus 35) for previously expired claims against a perpetrator or a living individual who would be criminally liable,[vi] but the Utah Supreme Court held the window unconstitutional.[vii] |
Discovery | |
Common Law | Utah’s common law discovery rules applies to accrue claims when “the plaintiff learns of, or in the exercise of reasonable diligence should have learned of, the facts that give rise to the cause of action.”[viii] The discovery rule would apply in CSA cases with “exceptional circumstances,” which are identified through a balancing of the hardship of the limitations on plaintiffs and the prejudice to defendants.[ix] |
Statutory | Beginning in 1992, Utah instituted a statutory 4-year discovery rule for CSA claims against all defendants, running from “when a victim knows or reasonably should know that the injury or illness was caused by the intentional or negligent sexual abuse.”[x] Since it eliminated the SOL against perpetrators in 2016, the discovery rule no longer applies to those claims, but still remains in effect for claims against non-perpetrator defendants.[xi] In 2019, Utah also added a statutory discovery provision for claims against government entities or employees, tolling the 2-year SOL until the victim discovers their claim and the identity of the government entity/employee.[xii] |
[i] Utah Code Ann. § 78B-2-308 (2002) (CSA SOL).
[ii] Id. at § 76-5b-201 (2011) (sexual exploitation of a minor).
[iii] Id. at § 76-5-308.5 (2015) (human trafficking of a child).
[iv] Mitchell v. Roberts, 469 P.3d 901 (Utah 2020), reh’g denied (July 13, 2020).
[v] Utah Code Ann. §§ 63G-7-201 (2019) (government immunity), 63G-7-403(2)(b) (2019) (SOL); 63G-7-401(1)(b) (2019) (discovery rule).
[vi] Id. at § 78B-2-308 (2016) (revival); 2016 Utah Laws Ch. 379 (H.B. 279).
[vii] Mitchell v. Roberts, 469 P.3d 901 (Utah 2020), reh’g denied (July 13, 2020) (holding that the Utah legislature was constitutionally prohibited from retroactively reviving a time-barred claim which essentially deprived defendants of a vested SOLs defense).
[viii] Olsen v. Hooley, 865 P.2d 1345, 1348 (Utah 1993). See generally Klinger v. Knightly, 971 P.2d 868, 869 (Utah 1990); Myers v. McDonald, 635 P.2d 84, 86–87 (Utah 1981); Foil v. Ballinger, 601 P.2d 144, 147 (Utah 1979).
[ix] O’Neal v. Division of Fam. Servs., State of Utah, 821 P.2d 1139, 1143 (Utah 1991).
[x] Utah Code Ann. §§ 78B-2-308(2)(b); 78–12–25.1 (1992). See also Roark v. Crabtree, 893 P.2d 1058, 1060 (Utah 1995).
[xi] Utah Code Ann. § 78B-2-308(3)(a)–(b) (2021).
[xii] Id. at §§ 63G-7-201 (government immunity), 63G-7-403(2)(b) (SOL); 63G-7-401(1)(b) (discovery rule).
CURRENT UTAH CIVIL LAW
Utah Code Ann. § 78B-2-308 - Legislative findings--Civil actions for sexual abuse of a child--Window for revival of time barred
Case law
Mitchell v. Roberts, 2020 UT 34 (holding Utah Code Ann. § 78B-2-308(7), which revived claims against perpetrators or those criminally liable with a 3-year window or up to when a victim reached age 53, unconstitutional).
Colosimo v. Roman Catholic Bishop, 2007 UT 25, P22, 156 P.3d 806, 812, 573 Utah Adv. Rep. 8, 2007 Utah LEXIS 58, 16 (Utah 2007): Repressing the memory of operative facts is, in effect, not knowing or being aware of those facts. But we limited our holding by “emphasiz[ing] that [the] case involve[d] a plaintiff who allege[d] that she totally repressed her memory; it [did] not involve a plaintiff who remembered the abuse but did not realize until later that the abuse caused the psychological harm suffered.” In other words, even though we implicitly recognized that victims of child sexual abuse may often be unable to causally connect their abuse to their injuries, we were unwilling to suggest that such an inability would toll the statute.
CURRENT CRIMINAL SOL
CSA: There is no SOL for many CSA felonies. The SOL is age 28 for claims involving unlawful sexual activity, and 4 to 8 eight years after the crime is reported for other felonies. The SOL is 2 years from the offense for misdemeanors.
Trafficking: There is no SOL for trafficking felonies.
CSAM: The SOL for CSAM violations is 4 years from the offense.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | 4 YEARS FROM OFFENSE |
Criminal SOL History
Age Cap | |
2002 | General personal injury SOL of 4 years after the crime,[i] with a provision that rape, sodomy and sexual abuse of a child can be prosecuted within 4 years after reporting to law enforcement.[ii] Misdemeanors had an SOL of 2 years after the offense is committed.[iii] |
2003 | Enacted a DNA statute, which extended the SOL if DNA evidence was collected, to 1 year after the perpetrator is identified by DNA. |
2005 | Extended the SOL for many CSA felony offenses to 8 years after the offense if it is reported within 4 years. The DNA statute was also broadened to apply to more CSA crimes.[iv] |
2008 | Eliminated for many felony sex offenses. |
2009 | Extended for incest to 8 years after the offense if it is reported within 4 years. |
2011 | Added new crime of sexual exploitation of a child (CSAM), which fell under 4-year SOL. |
2013 | Eliminated the SOL for human trafficking and prostitution.[v] |
2019 | Broadened its elimination for trafficking offenses and expanded its DNA statute to allow prosecution 4 years after a perpetrator is identified by DNA.[vi] |
2020 | Extended for felony unlawful sexual activity with a minor and unlawful sexual conduct with a 16- or 17-year-old to age 28 (age of majority, 18, plus 10 years).[vii] |
2022 | Added human trafficking of a child to crimes with no SOL.[viii] |
[i] Utah Code Ann. § 76-1-302 (2002) (SOL).
[ii]Id. (Repealed) (limitations for fraud) (stipulating that f the SOL “has expired, a prosecution may nevertheless be commenced for . . . rape of a child, object rape of a child, sodomy upon a child, or sexual abuse of a child within four years after the report of the offense to a law enforcement agency.”); State v. Toombs, 380 P.3d 390, 394 (Utah Ct. App. 2016) (concluding that a neighbor’s communication with law enforcement alleging abuse was not sufficiently detailed to amount to a report of the offense and as such, failed to trigger the four-year SOLs period).
[iii] Utah Code Ann. § 76-1-302 (1)(b) (2002) (misdemeanors).
[iv] Id. at § 76-1-302 (2005) (SOL).
[v] Id. at § 76-1-301 (2013) (no SOL).
[vi] Id. at § 76-1-302 (2019) (SOL).
[vii] Id. at § 76-1-301.1 (2020) (age twenty-eight SOL).
[viii] Id. at § 76-1-301(2)(t) (2022) (SOL).
CURRENT UTAH CRIMINAL LAW
Utah Code Ann. § 76-1-301 - Offenses for which prosecution may be commenced at any time
Utah Code Ann. § 76-1-302- Time limitations for prosecution of offenses--Provisions if DNA evidence would identify the defendant--Commencement of prosecution
Utah Code Ann. § 76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old--Penalties--Limitations
Case Law
State v. Toombs, 380 P.3d 390, 394 (Utah Ct. App. 2016) (“a prosecution may nevertheless be commenced for … rape of a child, object rape of a child, sodomy upon a child, or sexual abuse of a child within four years after the report of the offense to a law enforcement agency”).
The information provided is solely for informational purposes and is not legal advice. To determine the Utah SOL in a particular case, contact a lawyer in the state.
Last Updated: December 5, 2023