Here Is What Is Happening In Indiana
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period:

Age 18 + 7 years or

+ 4 years from leaving custody/care of abuser

Tolling: Yes
 
Criminal Statute of Limitations
Limitations
Period:
None if Class A felony (until the age of 31)
5 years from commission of offense for other felonies
2 years from commission of offense for misdemeanors
Tolling: Yes
Exceptions Yes
  • 5 Year Statute Of Limitations for Most Sexual Felonies Against Minor Victims, and Barred After the Victim Reaches 31 Years Old: Most sexual crimes against minor victims are classified as Class B, C, or D felonies, and must be prosecuted within 5 years. Ind. Code § 35-41-4-2(a)(1), although some are classified as Class A felonies—which have no SOL, § 35-41-4-2(d)—if committed by using or threatening to use deadly force or result in serious bodily injury. See, e.g., § 35-42-4-1(b) (rape), § 35-42-4-3(b) (child molestation), § 35-42-4-5(a)(3) (vicarious sexual gratification).

  • Age Limit: 31 Years Old : Prosecutions for the following child sex crimes may not be brought once the victim reaches age 31: child molestation, vicarious sexual gratification, child solicitation, child seduction, and incest. Ind. Code § 35-41-4-2.

Passed Bills in 2013: Senate Bill No. 142

Summary of Senate Bill No. 142:
View Latest Information via Indiana General Assembly

Statutes of limitations involving child sex abuse. Increases the statute of limitations for a civil action based on child sexual abuse to the later of: (1) seven years after the cause of action accrues; or (2) four years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse. Increases the statute of limitations for the criminal prosecution of certain sex offenses involving children from five years to the later of: (1) 10 years after the commission of the offense; or (2) four years after the person ceases to be a dependent of the person alleged to have committed the offense.

 


Bill Text:
View Latest Information via Indiana General Assembly

A BILL FOR AN ACT to amend the Indiana Code concerning civil and criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-11-2-4; (13)SB0142.2.1. -->     SECTION 1. IC 34-11-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:

Sec. 4. (a) An action for:
        (1) injury to person or character;
        (2) injury to personal property; or
        (3) a forfeiture of penalty given by statute;
must be commenced within two (2) years after the cause of action accrues.
     (b) An action for injury to a person that results from the sexual abuse of a child must be commenced within the later of:
        (1) seven (7) years after the cause of action accrues; or
        (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.


SOURCE: IC 35-41-4-2; (13)SB0142.2.2. -->     SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.143-2009, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:


Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
        (1) within five (5) years after the commission of the offense, in

the case of a Class B, Class C, or Class D felony; or
        (2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
    (b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
        (1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
        (2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
    (c) A prosecution for a Class A felony may be commenced at any time.
    (d) A prosecution for murder may be commenced:
        (1) at any time; and
        (2) regardless of the amount of time that passes between:
            (A) the date a person allegedly commits the elements of murder; and
            (B) the date the alleged victim of the murder dies.
    (e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
        (1) IC 35-42-4-3(a) (Child molesting).
        (2) IC 35-42-4-5 (Vicarious sexual gratification).
        (3) IC 35-42-4-6 (Child solicitation).
        (4) IC 35-42-4-7 (Child seduction).
        (5) IC 35-46-1-3 (Incest).
    (f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.
    (g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.
    (h) The period within which a prosecution must be commenced does not include any period in which:
        (1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;
        (2) the accused person conceals evidence of the offense, and

evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or
        (3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
    (i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
        (1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
        (2) The date of issuance of a valid arrest warrant.
        (3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
    (j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
    (k) The following apply to the specified offenses:
        (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-9).
        (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-10).
        (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse of funeral trust or escrow account funds) is barred unless commenced within five (5) years after the date of death of the purchaser (as defined in IC 30-2-13-9).
    (l) A prosecution for an offense under IC 23-14-48-9 is barred unless commenced within five (5) years after the earlier of the date on which the state:
        (1) first discovers evidence sufficient to charge the offender with the offense; or
        (2) could have discovered evidence sufficient to charge the offender with the offense by the exercise of due diligence.
     (m) A prosecution for a sex offense listed in IC 11-8-8-4.5 that is committed against a child and that is not:
        (1) a Class A felony; or
        (2) listed in subsection (e);
is barred unless commenced within ten (10) years after the

commission of the offense, or within four (4) years after the person ceases to be a dependent of the person alleged to have committed the offense, whichever occurs later.

 
 
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