This bill changes the statute of limitations for the following offenses when committed against a minor under 18, under certain circumstances: (1) Trafficking for a commercial sex act; (2) Aggravated rape; (3) Rape; (4) Aggravated sexual battery; (5) Sexual battery; (6) Mitigated statutory rape; (7) Statutory rape; (8) Aggravated statutory rape; (9) Indecent exposure, when the offense is classified as a felony offense; (10) Patronizing prostitution; (11) Promotion of prostitution; (12) Continuous sexual abuse of a child; (13) Rape of a child; (14) Sexual battery by an authority figure; (15) Solicitation of a minor, when the offense is classified as a felony offense; (16) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means; (17) Aggravated rape of a child; (18) Statutory rape by an authority figure; (19) Unlawful photographing, when the offense is classified as a felony offense; (20) Observation without consent, when the offense is classified as a felony offense; (21) Incest; (22) Sexual exploitation of a minor; (23) Aggravated sexual exploitation of a minor; and (24) Especially aggravated sexual exploitation of a minor. Under present law, the statute of limitations for an offense listed in (1) – (24) is any time after the commission of an offense if: (A) The victim was at least 13 but no more than 17 at the time of the offense; and (B) The victim did not report the offense to another person prior to the victim attaining 23. In order to commence prosecution for an offense listed in (1) – (24) under the circumstances described in (A) and (B), at a date that is more than 25 years from the date the victim becomes 18, present law requires that the prosecution offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. For offenses occurring on or after July 1, 2025, this bill changes such standard so that, in order to commence prosecution for an offense listed in (1) – (24) under the circumstances described in (A) and (B), at a date that is more than 30 years from the date the victim becomes 18, the prosecution will be required to offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. Under present law, the statute of limitations for a civil action for an injury or illness based on child sexual abuse that occurs on or after July 1, 2019, and when the injured person was a minor must be brought within the later of: (1) Fifteen years from the date the person becomes 18; or (2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person. This bill changes the statute of limitations for a civil action for an injury or illness based on child sexual abuse that occurs on or after July 1, 2025, and when the injured person was a minor to the later of: (1) Thirty years from the date the person becomes 18; or (2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person.
Statutes affected: Introduced: 40-2-101(q)(3)(B), 40-2-101, 40-2-101(q)(4), 28-3-116(b)(2), 28-3-116, 28-3-116(b)