Statutes of Limitations and Repose

Plain English Breakdown

The bill summary and text do not provide specific details about the requirements for prosecutors starting cases more than 30 years after the victim turned 18, beyond mentioning corroborating evidence.

Extending Time Limits for Child Sexual Abuse Cases

This bill extends the statute of limitations for criminal prosecution and civil actions related to certain child sexual abuse offenses.

What This Bill Does

• Increases the statute of limitations for criminal prosecution of specific child sexual abuse offenses from 25 years to 30 years after the victim turns 18, starting July 1, 2025.
• Extends the statute of limitations for civil actions based on child sexual abuse from 15 years to 30 years after the victim turns 18, unless the injury was not discovered at the time of abuse.

Who It Names or Affects

• Victims of child sexual abuse who are now adults and want to report crimes committed against them as minors.
• People injured by child sexual abuse who wish to file civil lawsuits.

Terms To Know

Statute of limitations

The time period during which a legal case can be filed or prosecuted after an event occurs.

Corroborating evidence

Additional proof that supports the main claim in a court case.

Limits and Unknowns

• This bill only applies to offenses committed on or after July 1, 2019.
• The changes will take effect starting July 1, 2025.

Official Summary Text

This bill changes the statute of limitations for the following offenses
when committed against a minor under 18, under certain circumstances:

(1) Trafficking for a commercial sex act;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery;

(6) Mitigated statutory rape;

(7) Statutory rap
e;

(8) Aggravated statutory rape;

(9) Indecent exposure, when the offense is classified as a felony offense;

(10) Patronizing prostitution;

(11) Promotion of prostitution;

(12) Continuous sexual abuse of a child;

(13) Rape of a child;

(14) Se
xual battery by an authority figure;

(15) Solicitation of a minor, when the offense is classified as a felony offense;

(16) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means;

(17) Aggravated rape of a child;

(18
) Statutory rape by an authority figure;

(19) Unlawful photographing, when the offense is classified as a felony offense;

(20) Observation without consent, when the offense is classified as a felony offense;

(21) Incest;

(22) Sexual exploitation
of a minor;

(23) Aggravated sexual exploitation of a minor; and

(24) Especially aggravated sexual exploitation of a minor.

Under present law, the statute of limitations for an offense listed in (1)
–
(24) is any time after the commission of an offens
e if:

(A) The victim was at least 13 but no more than 17 at the time of the offense; and

(B) The victim did not report the offense to another person prior to the victim attaining 23.

In order to commence prosecution for an offense listed in (1)
–
(2
4) under the circumstances described in (A) and (B), at a date that is more than 25 years from the date the victim becomes 18, present law requires that the prosecution offer admissible and credible evidence corroborating the allegations or similar acts b
y
the defendant. For offenses occurring on or after July 1, 2025, this bill changes such standard so that, in order to commence prosecution for an offense listed in (1)
–
(24) under the circumstances described in (A) and (B), at a date that is more than 30
years from the date the victim becomes 18, the prosecution will be required to offer admissible and credible evidence corroborating the allegations or similar acts by the defendant.

Under present law, the statute of limitations for a civil action for an
injury or illness based on child sexual abuse that occurs on or after July 1, 2019, and when the injured person was a minor must be brought within the later of:

(1) Fifteen years from the date the person becomes 18; or

(2) If the injury or illness wa
s not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person.

This bill changes the statute of limitations for a civil action for an injury or illness based on child sexual abuse that occurs
on or after July 1, 2025, and when the injured person was a minor to the later of:

(1) Thirty years from the date the person becomes 18; or

(2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of d
iscovery of the abuse by the injured person.

Current Bill Text

SENATE BILL 1070
By Johnson

HOUSE BILL 973
By McCalmon

HB0973
002992
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 28
and Title 40, Chapter 2, relative to commencement
of proceedings.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-2-101(q)(3)(B), is amended by
deleting the subdivision and substituting:
(B)
(i) For offenses occurring on or after July 1, 2019, but before July 1,
2025, in order to commence prosecution for an offense listed in subdivision (q)(1)
under the circumstances described in subdivision (q)(3)(A), at a date that is more
than twenty-five (25) years from the date the victim becomes eighteen (18) years
of age, the prosecution is required to offer admissible and credible evidence
corroborating the allegations or similar acts by the defendant.
(ii) For offenses occurring on or after July 1, 2025, in order to commence
prosecution for an offense listed in subdivision (q)(1) under the circumstances
described in subdivision (q)(3)(A), at a date that is more than thirty (30) years
from the date the victim becomes eighteen (18) years of age, the prosecution is
required to offer admissible and credible evidence corroborating the allegations
or similar acts by the defendant.
SECTION 2. Tennessee Code Annotated, Section 40-2-101(q)(4), is amended by
deleting the subdivision and substituting:
(4) This subsection (q) applies to offenses:

- 2 - 002992

(A) Committed on or after July 1, 2019, except as provided in subdivision
(q)(3)(B); or
(B) Committed prior to July 1, 2019, unless prosecution for the offense is
barred because the applicable time limitation set out in this section for
prosecution of the offense expired prior to July 1, 2019.
SECTION 3. Tennessee Code Annotated, Section 28-3-116(b)(2), is amended by
deleting the language "on or after July 1, 2019" and substituting "on or after July 1, 2019, but
before July 1, 2025".
SECTION 4. Tennessee Code Annotated, Section 28-3-116(b), is amended by adding
the following new subdivision:
(3) For child sexual abuse that occurred on or after July 1, 2025, within the later
of:
(A) Thirty (30) years from the date the person becomes eighteen (18)
years of age; or
(B) If the injury or illness was not discovered at the time of the abuse,
within three (3) years from the time of discovery of the abuse by the injured
person.
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.