Here Is What Is Happening In Kentucky
Civil Statute of Limitations
Discovery Rule: Yes (+5 years)
Limitations Period: Age 18 + 5 years for misdemeanors
1 year for negligence
Tolling: Yes
  • Latest of 5 Year Statute of Limitations, Delayed Tolling (Age 18 + 5 Years), and Discovery Rule (5 Years) for Actions Based on Child Sexual Assault or Abuse: Ky. Rev. Stat. Ann. § 413.249(2) (2008). Discovery here means knowledge of the act. Id.

  • Negligence Actions: 1-year statute of limitations for negligence actions. Ky. Rev. Stat. Ann. § 413.140(1)
Criminal Statute of Limitations
Limitations Period: None for felonies
Age 18 + 5 years for misdemeanors
Tolling: Yes
Exceptions No
  • No Statute of Limitations for Felonies; 5-Year Statute of Limitations for Other Sexual Misdemeanors Against Minors : Ky. Rev. Stat. Ann. § 500.050 (2008). Felonies include all forms of rape, id. §§ 510.040-.060, most forms of sodomy, id. §§ 510.070-.090, sexual abuse in the first-degree, id. § 510.110, unlawful use of electronic means to include a minor to engage in sexual or other prohibited activities, id. § 510.155, and incest, id. § 530.020.
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