|SOL: + 3 years from age 21.
1. Miss. Code Ann. § 15-1-49 (1) “All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.”
a. Actual assault and battery claims may only be +1 year.
1. Majority, yes, up to age 21.
a. Miss. Code Ann. § 15-1-59. § 15-1-59. Saving in favor of persons under disabilities. If any person entitled to bring any of the personal actions mentioned shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the actions within the times in this chapter respectively limited, after his disability shall be None as provided by law. However, the saving in favor of persons under disability of unsoundness of mind shall never extend longer than twenty-one (21) years.
i. Baker v. RR Brink Locking Sys. 721 F.3d 716 (5th Cir. 2013) (Plaintiff’s tort action based on events that occurred when he was 19 years old was timely as it was filed less than three years after his 21st birthday; removal of the disability of Majority did not arise automatically upon the occurrence of specified events except for reaching the age of 21, and thus, plaintiff’s emancipation did not trigger the automatic removal of disability of Majority.”)
2. Discovery, NO.
a. Doe v. Roman Catholic Diocese, 947 So. 2d 983, 986 (Miss. Ct. App. 2006), cert. denied, 2007 Miss. LEXIS 90 (Miss. Jan. 25, 2007) (“The discovery rule does not apply in Doe’s case. Our supreme court has held that where there is no latent injury, the discovery rule cannot apply. …Whether or not Doe was mentally capable of understanding the physical acts she endured when they occurred is not the critical inquiry with the discovery rule. Further, when construing Mississippi Code Annotated § 15-1-35 in the context of clergy sexual abuse claims, the United States District Court for the Eastern District of Louisiana held that claims of illicit sex are substantially and functionally similar to allegations of assault and battery. Such is the case here. Thus, the discovery rule does not apply in Doe’s case.”) (internal citations omitted).
b. Tichenor v. Archdiocese of New Orleans, 869 F. Supp. 429, 435 (E.D. La. 1993) (Fed. Court applying Miss. Law) (“The plaintiff points out that under Miss. Code Ann. § 15-1-49 statutes of limitations are suspended where the injury or disease is latent. However, § 15-1-49 applies only ‘in actions for which no other period of limitation is prescribed.’ In this case these torts are covered by, § 15-1-35, the statute of limitations applicable to intentional torts. Moreover, aside from counsel’s argument that the plaintiff was unaware of his trauma until visiting a psychologist, the Court has absolutely no evidence to substantiate a claim of latent injury. Consequently, even if § 15-1-35 did not apply, this Court could not find that the statute of limitations was tolled under § 15-1-49. There is simply no evidence of latency on this record.”); Wilson v. Retail Credit Co., 325 F. Supp. 460 (S.D. Miss. 1971), aff’d, 457 F.2d 1406 (5th Cir. 1972) (noting Mississippi law is clear that a cause of action begins to run from the time of injury and not from time of discovery unless running of the statute of limitations is tolled by fraudulent concealment of cause of action.)
|None for rape, felonious abuse or battery of a child, touching or handling a child for lustful purposes, sexual battery of a child, exploitation of children, promoting prostitution when the person involved is a minor, or for any human trafficking offense. Miss. Code Ann. § 99-1-5.
Miss. Code Ann. § 99-1-5 (“The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), exploitation of children as described in Section 97-5-33, promoting prostitution under Section 97-29-51(2) when the person involved is a minor, or for any human trafficking offense described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 93-3-54.3.”)
Any crimes not encompassed in the above: +2 years.
(“A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for the offense is commenced within two (2) years next after the commission thereof.”) Miss. Code Ann. § 99-1-5
“Promoting prostitution when the person involved is a minor”, or for” any human trafficking offense” SOLs were None effective. July 1, 2013. “This act shall take effect and be in force from and after July 1, 2013.” 2013 Miss. H.B. 709, 2013 Miss. ALS 565, 2013 Miss. Gen. Laws 565, 2013 Miss. H.B. 709