SOL: 1 year revival from 2003-2204; + 8 years from majority or + 3 years from liberal discovery

1. Cal Code Civ Proc § 340.1 (a)  (“In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three 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 abuse, whichever period expires later, for any of the following actions:  (1)  An action against any person for committing an act of childhood sexual abuse. (2)  An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff.  (3)  An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff.”)

TOLLING:

1. Discovery, yes liberal.

a. Cal. Civ. Proc. Code § 340.1(a) (“…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 abuse”);

2. Majority, yes. Cal Code Civ Proc § 340.1(a) (…the date plaintiff attain majority).

Victim’s 40th Birthday for most felonies, as of Jan. 1, 2015. Cal Penal Code. § 801.1(a)(1)

Cal Penal Code. § 801.1 (a) (1) (“Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim’s 40th birthday.”)

APPLICABILITY – Cal Penal Code. § 801.1(a)(2)(“Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.”

Other crimes – 10 years. Cal Penal Code. § 801.1 (b)(“ Notwithstanding any other limitation of time described in this chapter, if subdivision (a) does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.”)

Previous SOL – Until Victim Turns 28 for felony sexual offenses. (formerly located in same spot in code)

Replaced by – 2014 Cal SB 926, 2014 Cal ALS 921, 2014 Cal SB 926, 2014 Cal Stats. ch. 921 (“Under existing law, prosecution for specified felony sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, and acts of sexual penetration, that are alleged to have been committed when the victim was under 18 years of age, may be commenced at any time prior to the victim’s 28th birthday. This bill would authorize prosecution of those crimes at any time prior to the victim’s 40th birthday when the crime was committed on or after January 1, 2015, or for which the previous statute of limitations has not run as of January 1, 2015.”)