Here Is What Is Happening In Arkansas

Civil Statute of Limitations

Discovery Rule:  Yes
Limitations Period:  21+3 years
Tolling:  Yes
  • Delayed Tolling for Minors : 21 years old + 3 years. While there is no explicit SOL for actions based on child sex acts, any action that accrues when the person entitled to bring such action is under 21 years old may be brought within 3 years after that person attains full age. Ark. Code Ann. § 16-56-116.
     
  • Discovery Rule : There is a 3 year SOL for actions based upon sexual abuse of a minor from "the time of discovery of the sexual abuse." Ark. Code Ann. § 16-56-130. "'Time of discovery' means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse." Id.
     
  • Retroactivity to Effective Date Only : The above statute of limitations was retroactive to the effective date only (August 13, 1993). 1993 Ark. ALS 370. Arkansas is a "vested right" jurisdiction and does not allow the legislature to expand a statute of limitations that would revive a cause of action already barred. See Branch v. Carter, 933 S.W.2d 806 (Ark. 1996).  

Criminal Statute of Limitations

Recently Passed Bills: SENATE BILL 92 **Enacted February 22nd, 2013**

Update: S.B. No. 92, 2013 Gen. Assemb., 89th Gen. Assem. (Ark. 2013) (enacted, Feb. 22, 3013) (eliminating limitation of time for bringing a criminal action with respect to child sex abuse)

Introduced January 22nd, 2013

ARKANSAS 2013 REGULAR SESSION - 89TH GENERAL ASSEMBLY > SENATE BILL 92

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1.  Arkansas Code Section 5-1-109(a), regarding the limitations period for certain criminal offenses, is amended to read as follows:

  • (a) 

    (1)  A prosecution for THE FOLLOWING OFFENSES may be commenced at any time 

    (A)  CAPITAL MURDER, SECTION 5-10-101;

    (B)  MURDER IN THE FIRST DEGREE, SECTION 5-10-102;

    (C)  MURDER IN THE SECOND DEGREE, SECTION 5-10-103;

    (D)  RAPE, SECTION 5-14-103, IF THE VICTIM WAS A MINOR AT THE TIME OF THE OFFENSE;

    (E)  SEXUAL INDECENCY WITH A CHILD, SECTION 5-14-110;

    (F)  SEXUAL ASSAULT IN THE FIRST DEGREE, SECTION 5-14-124;

    (G)  SEXUAL ASSAULT IN THE SECOND DEGREE, SECTION 5-14-125, IF THE VICTIM WAS A MINOR AT THE TIME OF THE OFFENSE;

    (H)  INCEST, SECTION 5-26-202, IF THE VICTIM WAS A MINOR AT THE TIME OF THE OFFENSE;

    (I)  ENGAGING CHILDREN IN SEXUALLY EXPLICIT CONDUCT FOR USE IN VISUAL OR PRINT MEDIUM, SECTION 5-27-303;

    (J)  TRANSPORTATION OF MINORS FOR PROHIBITED SEXUAL CONDUCT, SECTION 5-27-305;

    (K)  EMPLOYING OR CONSENTING TO THE USE OF A CHILD IN A SEXUAL PERFORMANCE, SECTION 5-27-402;

    (L)  PRODUCING, DIRECTING, OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD, SECTION 5-27-403; AND

    (M)  COMPUTER EXPLOITATION OF A CHILD IN THE FIRST DEGREE, SECTION 5-27-605.

    (2)  A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age:

    (A) Sexual assault in the third degree, Section 5-14-126;

    (B) Sexual assault in the fourth degree, Section 5-14-127;

    (C) Endangering the welfare of a minor in the first degree, Section 5-27-205;

    (D) Permitting abuse of a minor, Section 5-27-221; AND

    (E) Computer child pornography, Section 5-27-603


News
Date Title Author Source PDF
02/14/2013

Bill could take age limit out of child sex abuse statute

Dustin Wilson Todays THV
02/07/2013 State Senate Set to Vote on Bill Protecting Victims of Sexual Abuse
KARK 4 News
Arkansas Matters

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