Statutory Language

Excerpted from Marci A. Hamilton, Justice Denied: What America Must Do to Protect Its Children (New York: Cambridge University Press, 2008), pp. 117-21.

State Statutes
     •  Abolition of Criminal Statute of Limitations
     •  No Criminal Statute of Limitations for Aspects of Child Sex Abuse
     •  Abolition of Civil Statute of Limitations
     •  Delayed Discovery Legislation
     •  Window Legislation: Two-Year Window
     •  Window Legislation: One-Year Window

Federal Statutes
     •  National Sex Offender Registration

State Statutes

Abolition of Criminal Statute of Limitations

1. ALABAMA: (a) There is no limitation of time within which a prosecution must be commenced for: (4) Any sex offense involving a victim under sixteen years of age, regardless of whether it involves force or serious physical injury or death. ALA. CODE § 15-3-5 (2007).

2. COLORADO: COLO. REV. STAT. § 16-5-401(2) (2007).

3. DELAWARE: DEL. CODE ANN. tit. 11, §205(e) (2007).

4. MARYLAND: absence of any limitation by statute.

5. SOUTH CAROLINA: absence of any limitation by statute.

6. WYOMING: absence of any limitation by statute.

No Criminal Statute of Limitations for Aspects of Child Sex Abuse

1. No Limitation for any felony child sexual abuse: KENTUCKY KY. REV. STAT. ANN. §500.050 (2007); NORTH CAROLINA N.C. GEN. STAT. §15-1 (2007); VIRGINIA VA. CODE ANN. §19.2-8 (2007); WEST VIRGINIA W. VA. CODE §61-11-9 (2007).

2. No Limitation for most forms of child sexual abuse: ALASKA ALASKA STAT. §12.10.010 (2007); IDAHO IDAHO CODE ANN. §19-402 (2007); MAINE ME. REV. STAT. ANN. tit. 17, §A-8 (2007); MISSISSIPPI MISS. CODE ANN. §99-1-5 (2007); RHODE ISLAND R.I. GEN. LAWS §12-12-17 (2007).

Abolition of Civil Statute of Limitations

1. DELAWARE: (a) A cause of action based upon the sexual abuse of a minor by an adult may be filed in the Superior Court of this State at any time following the commission of the act or acts that constituted the sexual abuse. A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that would constitute a criminal offense under the Delaware Code. Child Victims Act, S.B. 29 w/HA 3, 144th Gen. Assem. (Del. 2007) (enacted, to be codified at DEL. CODE ANN. Tit. 10, §8145).

2. MAINE: . . . . (1) No limitation. Actions based upon sexual acts toward minors may be commenced at any time. ME. REV. STAT. ANN. tit. 14 § 752-C (2007).

3. ALASKA: (a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses: (1) felony sexual abuse of a minor; (2) felony sexual assault; or (3) unlawful exploitation of a minor. ALASKA STAT. § 09.10.065 (2006).

Delayed Discovery Legislation

1. MINNESOTA: (a) An action for damages based on personal injury caused by sexual abuse must be commenced within six years of the time the plaintiff knew or had reason to know that the injury was caused by the sexual abuse. MINN. STAT. ANN. §541.073 (2007).

2. CALIFORNIA: (a) In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later. . . . CAL. CIV. PROC. CODE § 340.1 (2007).

Window Legislation: Two-Year Window

1. DELAWARE: (b) For a period of two years following the effective date of this bill, victims of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations, shall be permitted to file those claims in the Superior Court of this State. Child Victims Act, S.B. 29 w/HA 3, 144th Gen. Assem. (Del. 2007) (enacted, to be codified at DEL. CODE ANN. Tit. 10, §8145).

2. MINNESOTA: Notwithstanding any other provision of law, a plaintiff whose claim is otherwise time-barred has until August 1, 1990, to commence a cause of action for damages based on personal injury caused by sexual abuse if the plaintiff proves by a preponderance of the evidence that the plaintiff consulted an attorney to investigate a cause of action for damages based on personal injury caused by sexual abuse within two years of the time the plaintiff knew or had reason to know that the injury was caused by the sexual abuse. Minn. Stat. 541.073, sec. 7 (1989); Amended: 1992 – Laws 1992, c. 571, art. 12, §2, amended Laws 1991, c. 232, §5 to provide: "Notwithstanding any other provision of law, a plaintiff whose claim would otherwise be time-barred under Minnesota Statutes 1990 has until August 1, 1992, to commence a cause of action for damages based on personal injury caused by sexual abuse if the action is based on an intentional tort committed against the plaintiff."

3. DISTRICT OF COLUMBIA’s Proposed Language: (11) For recovery of damages from any person or entity related to childhood sexual abuse – within six years of the time that the victim fully comprehends the causal connection between the sexual abuse which occurred as a minor and the injury resulting from such abuse. The time of comprehension shall be determined by a jury upon medical or psychological testimony. Sec. 3. Applicability Section 1 of this bill applies to any criminal cases pending on the effective date of this act and any criminal cases that are brought after the effective date of this act for which the applicable time limit for prosecution has not yet run. Section 2 of this bill applies to any civil claim that is pending on or commenced on or after the effective date of this act regardless of whether a previous statute of limitations expired before enactment of this law.

Window Legislation: One-Year Window

1. CALIFORNIA: (c) … [A]ny claim for damages described in paragraph (2) or (3) of subdivision (a) that is permitted to be filed pursuant to paragraph (2) of subdivision (b) that would otherwise be barred as of January 1, 2003, solely because the applicable statute of limitations has or had expired, is revived, and, in that case, a cause of action may be commenced within one year of January 1, 2003. Nothing in this subdivision shall be construed to alter the applicable statute of limitations period of an action that is not time barred as of January 1, 2003. CAL. CIV. PROC. CODE §340.1 (2007).

Federal Statutes

National Sex Offender Registration

1. FEDERAL: Sec. 113(a) A sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence. Adam Walsh Child Protection and Safety Act of July 27, 2006, Pub. L. No. 109–248, 2006 U.S.C.C.A.N. (120 Stat. 587).