Here Is What Is Happening In Arizona
Civil Statute of Limitations
Discovery Rule:  Yes
Limitations Period: Age 18 + 2 years
Tolling:  Yes

  • 2 year Statute of Limitations for Suits Based on Sexual Abuse : Actions for most injuries may be brought within 2 years. There is no general statutory exception for sex-related actions. Arizona Rev. Stat. § 12-542.

    Note: A.R.S. § 12-542. found unconstitutional in Anson v. Am. Motors Corp., 155 Ariz. 420, 747 P. 2d 581 (Ct. App. 1987) (holding limited to wrongful death actions and discovery rule applied)
     
  • Delayed Tolling for Minor : 18 years old + 2 years: Arizona Rev. Stat. § 12-502.
     
  • Discovery Rule : "[A] cause of action does not accrue until the plaintiff knows or with reasonable diligence should know the facts underlying the cause." See Doe v. Roe, 191 Ariz. 313 (1998).
Criminal Statute of Limitations
Limitations Period: None for victims abused when they were under 15 or under 18 if the abuser is a parent, guardian, teacher or priest****
Discovery or discovery that should have occurred through the exercise of due diligence + 7 years for victims abused when they were under 18
Discovery or discovery that should have occurred through the exercise of due diligence + 1 year for misdemeanors
Tolling: Yes
Exceptions Yes
  • No Statute of Limitations for Sexual Conduct with or Molestation of Minor Victims Less than 15 Years Old : Arizona Rev. Stat. §§ 13-107(A), -1405, -1410.
§ 13-1405. Sexual conduct with a minor; classification; definition
A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to § 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was the minor's parent, stepparent, adoptive parent, legal guardian or foster parent or the minor's teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed has been served or commuted.
C. For the purposes of this section, “teacher” means a certificated teacher as defined in § 15-501or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

 


  • A charge of sexual conduct with a minor between 15 and 18 years old generally may be brought within 7 years, Arizona Rev. Stat. § 13-107(B)(1).

  • Sexual abuse of a minor under 18 also has a 7-year statute of limitations.
    §§ 13-107(B)(1), -1404.

  • Misdemeanor sex offenses have a 1-year statute of limitations. § 13-107(B)(2).

  • Discovery Rule : Tolling periods for criminal charges only begin after the actual discovery of the offense by the proper authorities or the discovery "that should have occurred with the exercise of reasonable diligence..." Arizona Rev. Stat. § 13-107(B).
News Coverage
Date Title Author Source PDF
12/30/2010 The Progress We've Made -- and Haven't Yet Made -- on Child-Sex-Abuse Statutes of Limitations: 2010, the Year in Review Marci Hamilton Find Law
09/09/2004 An Award of Punitive Damages Against A Religious Institution Marci Hamilton Find Law
06/05/2003 Pretending Decades of Covering Up Child Abuse Is Not a Crime: Why the Phoenix Settlement Agreement Is Insufficient Marci Hamilton Find Law
Testimonies by Marci Hamilton
Date Testimony PDF
03/14/2010 Testimony Before the Arizona Senate Rules Committee
  •  Relative to SB-1292: An Act Amending Child Sex Abuse Statutes of Limitations
Marci Hamilton Testimony
State Outreach Organizations

Survivors Network of those Abused by Priests: Arizona

View ALL Nationwide Outreach Organizations
Contact Your Representative
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