WYOMING
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
The civil SOL for CSA, trafficking, and CSAM claims against all defendants is age 26 with a 3-year discovery rule.
CIVIL SOL SNAPSHOT
AGE CAP |
CSA: Age 26 Trafficking: Age 26 CSAM: Age 26 |
REVIVAL LAW |
NONE |
DISCOVERY TOLLING |
3 YEARS |
Civil SOL History
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Age Cap |
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1993 |
Since at least 1993, the SOL for CSA has been age 26 (age of majority, 18, plus 8 years).[i] |
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1999 |
Added new crime of sexual exploitation. Sexual exploitation offenses that involved direct sexual contact were included in the age 26 SOL.[ii] |
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2013 |
Added new crimes of human trafficking and sexual servitude of a minor, which fell under age 26 SOL.[iii] |
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Revival Law |
|
|
N/A |
No window or other SOL revival law. |
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Discovery |
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Common Law |
Wyoming did not originally recognize a common law discovery rule for CSA claims, but it did have a general discovery rule that extended the accrual of a claim in cases in which “damage [was] not immediately apparent.”[iv] |
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Statutory |
Wyoming codified a statutory discovery rule in 1993 that gives a victim of child sexual assault 3 years after discovery to bring a claim.[v] Case law explains that the discovery rule only applies when the plaintiff “discovered or in the exercise of reasonable diligence should have discovered” a secondary injury resulting from the abuse.[vi] It is not settled whether the statutory discovery rule applies to any defendants other than a perpetrator. |
[i] Id. at § 1-3-105(a)(ii)(B) (1993) (general SOL).
[ii] Id. at §§ 1-3-105, 6-4-303 (sexual exploitation of children). See id. at § 6-2-301 (a)(v) (definition of “sexual assault” as used in SOL).
[iii] Id. at §§ 6-2-700 et seq. (2013) (human trafficking).
[iv] McCreary v. Weast, 971 P.2d 974, 979–81 (Wyo. 1999).
[v] Wyo. Stat. Ann. § 1-3-105 (2021).
[vi] McCreary, supra note 1083, at 981.
CURRENT WYOMING CIVIL LAW
Wyo. Stat. Ann. § 1-3-105 - Actions other than recovery of real property
(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues:
(i) Within ten (10) years, an action upon a specialty or any contract, agreement or promise in writing;
(ii) Within eight (8) years, an action:
(A) Upon a contract not in writing, either express or implied; or
(B) Upon a liability created by statute other than a forfeiture or penalty.
(iii) Within five (5) years after the debtor establishes residence in Wyoming, an action on a foreign claim, judgment or contract, express or implied, contracted or incurred and accrued before the debtor became a resident of Wyoming;
(iv) Within four (4) years, an action for:
(A) Trespass upon real property;
(B) The recovery of personal property or for taking, detaining or injuring personal property;
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; and
(D) For relief on the ground of fraud.
(v) Within one (1) year, an action for:
(A) Libel or slander;
(B) Assault or battery not including sexual assault;
(C) Malicious prosecution or false imprisonment; or
(D) Upon a statute for a penalty or forfeiture, except that if a different limitation is prescribed in the statute by which the remedy is given the action shall be brought within the period prescribed by the statute.
(b) Notwithstanding subsection (a) of this section, a civil action based upon sexual assault as defined by W.S. 6-2-301(a)(v) against a minor may be brought within the later of:
(i) Eight (8) years after the minor’s eighteenth birthday; or
(ii) Three (3) years after the discovery.
Case law
CURRENT CRIMINAL SOL
There is no SOL for any felonies or misdemeanors, including CSA, trafficking, and CSAM offenses.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
CSA |
NO SOL |
TRAFFICKING |
NO SOL |
CSAM |
NO SOL |
CURRENT WYOMING CRIMINAL LAW
Case Law
Story v. State, 721 P.2d 1020, 1026 (Wyo. 1986) (“At common law there is no limitation period for the prosecution of any criminal offense.”)
Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012) (“Wyoming has no statute of limitations as to the commencement of criminal proceedings.”)
The information provided is solely for informational purposes and is not legal advice. To determine the Wyoming SOL in a particular case, contact a lawyer in the state.
Last Updated: December 5, 2023