Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 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 assault, whichever period expires later. Existing law imposes various procedural requirements for such claims.
This bill would specify that the time frame for commencing actions for recovery of damages suffered as a result of childhood sexual assault applies only to those instances of childhood sexual assault that occur before January 1, 2024.
This bill would also expand the definition of childhood sexual assault to include acts involving a child being depicted in obscene matter, as specified. This bill would allow specified actions for recovery of damages suffered as a result of such an assault that occurs before January 1, 2024 be commenced within 22 years of the date the plaintiff attains the age of majority or within 10 years of the date the plaintiff discovers or reasonably should have discovered the existence of the obscene matter, whichever period expires later. The bill would apply the existing procedural requirements described above to these provisions.
Statutes affected: 02/15/23 - Introduced: 311.1 PEN, 311.2 PEN
04/12/23 - Amended Senate: 311.1 PEN, 311.2 PEN, 311 PEN, 311 PEN
06/19/23 - Amended Assembly: 311 PEN
SB 558: 311.1 PEN, 311.2 PEN