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2018 SOL Snapshot



A. 2018 Introduced Child Sexual Abuse SOL Reform Bills
California

Would extend the civil SOL to age of majority plus 22 years, or age 40, and add a 5-year discovery rule. (AB 3120)


Connecticut

Would eliminate the criminal SOL (HB 5246). Would also extend the criminal SOL for the prosecution of sexual assault. (SB 238)


Georgia

Would extend the civil SOL to age 38, create 4-year discovery rule, & enact 1-year window against institutions


Hawaii

Would extend the civil SOL to age 40 with a discovery rule of 10 years. Also, would re-open a window that would be in effect until July 1, 2022. (SB 2719)


Iowa

Would extend the civil SOL to 43 years with at 25 year discovery rule. (HF 2284)


Massachusetts

Would eliminate the criminal SOL. (S 902)


Michigan

Would extend the criminal SOL by adding a DNA statute. (SB 871). Would extend the civil SOL to age 28 with a 3 year discovery rule. Would also enact a 90-day window for victims of Larry Nassar. (SB 872)


Minnesota

Would extend the civil SOL for filing against a mandated reporter who failed to report abuse to 9 years after the failure or 3 years after law enforcement discovers the failure. (HF 4247)


Missouri

Would extend the civil SOL to age 38 with a 3 year discovery rule. (HB 1590)


New Hampshire

Would establish a commission to study repealing the SOL for sexual assault. (SB 164)


New Jersey

Would eliminate the statute of limitations in civil actions for sexual abuse, expand the categories of defendants who are potentially liable in these actions, and codify the liability of public entities in these actions. (A3648)


New York

Would establish the New York Child Victim Reconciliation and Compensation Fund. (SB 736A). Would also remove the SOL in criminal and civil actions (A10891)


North Carolina

Would extend the civil SOL to age 40. (HB 585)


Pennsylvania

SB 261 amended in the house to include a two-year SOL revival window for victims.


Rhode Island

Would extend the discovery rule to 7 years. (SB 2600)


South Dakota

Would remove the civil SOL. (SB 196)


Virginia

Would deem abuse during infancy to accrue. (HB 895) (SB 617)


Total:

Seventeen states



B. 2018 Child Abuse SOL Reform Legislation - Enacted
Hawaii

Re-opened a window to be in effect until April 24, 2020. Effective July 1, 2018 (SB 2719)


Michigan

Extended the criminal SOL by adding a DNA statute. Effective July 25, 2018 (SB 871). Extended the civil SOL to age 28 with a 3-year discovery rule. Enacted a 9-day window for victims of Larry Nassar. Effective July 25, 2018 (SB 872)


California

Would extend the civil SOL to age of majority plus 22 years, or age 40, and add a 5-year discovery rule. (AB 3120)
VETOED after passage (September, 2018).


Total:

Two states



C. States with No Civil Statute of Limitations for Child Sex Abuse for at Least Some Claims
Alaska

None for felony sex abuse/assault of minor, felony exploitation of minor


Connecticut

None if events forming the civil claim led to conviction of first-degree aggravated sexual or sexual assault


Delaware

None as to perpetrator, or as to gross negligence against employer


Florida

None for sexual batteries committed against victims under 16 years old


Illinois

None


Maine

None


Minnesota

None for victims abused under age of 18


Nebraska

None as to perpetrator


Utah

None for victims abused under age of 18 against perpetrator


Total:

Nine states



D. States with No Criminal Statute of Limitations for Child Sex Abuse for at Least Some Crimes (including the Federal Government)
Alabama

None for victims abused when they were under 16


Alaska

None for victims abused when they were under 18 (felony charge)


Arizona

None for victims abused when they were under 15 or under 18 if the abuser is a parent, guardian, teacher or priest


Arkansas

None (as of 2013)


California

None for felony sex offenses


Colorado

None for felony child sexual offenses


Connecticut

None for class A felonies


Delaware

None


Florida

None for 1st degree sexual battery (defined by Fla. Stat. § 794.011) for victims abused when they were under 18


Georgia

None for crimes committed on and after July 1, 2012, in following:


(1) trafficking a person for sexual servitude;
(2) cruelty to children in the first degree;
(3) rape;
(4) aggravated sodomy;
(5) child molestation or aggravated child molestation;
(6) enticing a child for indecent purposes; or
(7) incest.


Hawaii

None for Class A felonies


Idaho

Elimination for felony sex abuse and lewd conduct with a child


Illinois

None


Indiana

None if offense committed with threats or use of deadly force (class A)


Kansas

None for rape


Kentucky

None for felonies


Louisiana

None for prosecutions of crimes for that are punishable by death or life imprisonment, including aggravated rape and forcible rape


Maine

None for incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct where victim under 16


Maryland

None for felonies


Massachusetts

None where victim under 16 (after +27 years DNA or other corroborating evidence needed)


Michigan

None 1st degree crimes


Minnesota

None if DNA evidence preserved


Mississippi

None if (1) victim was abused during ages 14-16 and offender is 3 years older; (2) victim was abused under 14 and offender 2 years older; (3) victim was abused under 18 and abuser is in a position of authority or trust; or (4) involving touching or handling of children for lustful purposes


Missouri

Murder, forcible rape, attempted forcible rape, forcible sodomy, attempted forcible sodomy, or any class A felony


Nebraska

None for 1st or 2nd degree sexual assault for victim of any age, or 3rd degree when victim was abused under the age of 16


New Jersey

None for sexual assault or aggravated sexual assault


New Mexico

None for 1st degree felonies


New York

None for 1st degree felonies


North Carolina

None


Oregon

None for some felonies if DNA exists


Rhode Island

None for 1st degree sexual assault, and 1st and 2nd degree child molestation


South Carolina

None


South Dakota

None for class A, B, and C felonies; all child rape & forcible rape


Texas

None for most sex crimes against young children


Utah

None for rape of a child, object rape of a child, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child


Vermont

None for aggravated sexual assault


Virginia

None for felonies


West Virginia

None for sexual assault, 1st degree sexual abuse, sexual abuse by parent, guardian, custodian, or person in a position of trust to child


Wisconsin

None for 1st degree sexual assault, or repeated class A or B felony offenses against the same child


Wyoming

None


Federal Government

None


Total:

Forty-one jurisdictions



E. SOL Revival Legislation Enacted (waiver of SOL for set period of time or up to certain age)
California

(2003) 1-year window revived civil SOLs, closed


Connecticut

(2010) Revives expired claims to age 48


Delaware

(2007-09) 2-year window revived SOLs, closed. Also enacted follow-up window for healthcare providers when learned existing window did not cover them


Georgia

(2015-17) 2-year window revives civil SOL against perpetrator, in effect 7/1/2015


Hawaii

(2012) 2-year window revived SOL against perpetrators and institutions. (2014) Extended window for another 2 years. (2018) Extended original window to be open until 4/24/2020


Massachusetts

(2014) Revives civil SOL up to age 53 against perpetrator; revives civil SOL with discovery +7 years against entities


Michigan

(2018) 90 day window for victims of Larry Nassar


Minnesota

(2013-16) 3-year window, closed


Utah

(2016) Retroactive revival to age 50 and 2-year window against perpetrator only


Total:

Nine states