Here Is What Is Happening In Hawaii

Civil Statute of Limitations

Discovery Rule: Yes
Limitations Period: 18 + 8 years
Tolling:  Yes
  • Delayed SOL for Suits Involving Minor Victim : 18 + 8 years, or 3 years from discovery. Currently open 2 year window for actions for which the statute of limitations had previously lapsed, gross negligence needed for claims against employer. Hawaii Public Act 68. Signed into law by Gov. Apr. 24, 2012. (To amend Ch. 657 (1), not yet updated as codified on LEXIS).

Criminal Statute of Limitations
Limitations Period: 18 + 6 years for class A felonies, 18 + 3 years for others
Tolling: Yes
Exceptions  Yes
  • 6 Year SOL for Serious (Class A) Sexual Felonies, 3 Years for Others : Haw. Rev. Stat. § 701-108(2)(b), (d).
    • Sexual offenses that are Class A felonies include first degree sexual assault (most victims under age 16 and sexual act committed by strong compulsion), § 707-730, continuous sexual assault of a minor under 14 (offender resides in the same house as the minor or has recurring access, and engaged in three or more sexual acts while the minor is under 14), § 707-733, and first degree promotion of child abuse (including production or participation in the preparation of child pornography), § 707-750.
    • Most other sexual offenses are non-Class-A felonies, e.g., incest, § 707-741, second and third degree sexual assault, §§ 707-731, -732, second and third degree promotion of child abuse, §§ 707-751, -752, first and second degree electronic enticement of a child, §§ 707-756, -757.

    • Delayed SOL for Felony Offenses Against Victims Under Age 18 : The SOL is tolled until the minor victim reaches the age of 18. § 701-108(6)(c).

      Read Analysis on Hawaii Statute of Limitations Reform

News Coverage
Date Title Author Source PDF
04/24/2012 Hawaii Statute of Limitations Reform Analysis Marci Hamilton  
06/03/2011 Hawaii’s Battle Over Its Statutes of Limitations for Child Sex Abuse Marci Hamilton Justia

Testimonies
Date Testimony View
PDF
02/03/2012 Testimony Before Hawaii Senate Committee on Judiciary and Labor on S.B. 2588,

  •  Relative to the Statute of Limitations for Civil Actions Involving Child Sexual Abuse
Marci Hamilton Testimony
01/30/2012 Testimony Before Hawaii House of Rep. Committee on Human Services on H.B.1933

  •   Relative to the Statute of Limitations for Civil Actions Involving Childhood Sexual Abuse

Marci Hamilton Testimony

03/29/2011 Testimony Before the Hawaii House of Representatives Judiciary Committee on SB217.SD2. HD1,

  •   Relative to the Statute of Limitations for Civil Actions Involving Childhood Sexual Abuse
Marci Hamilton Testimony

03/14/2011 Testimony Before the Hawaii House of Representatives Committee on Human Service on SB217.SD2

  •  Relative to the Statute of Limitations for Civil Actions Involving Childhood Sexual Abuse

Marci Hamilton Testimony

State Outreach Organizations
View ALL Nationwide Outreach Organizations

Contact Your Representative
Search By Zip Code to find contact information for your elected representative: