2
3
4
5
6 Cosponsors:
7 Jacob L. Anderegg
8 Patrice M. Arent
9 Joel K. Briscoe
10 Rebecca Chavez-Houck
Susan Duckworth
Keith Grover
Sandra Hollins
Michael S. Kennedy
David E. Lifferth
Carol Spackman Moss
Marie H. Poulson
Angela Romero
Keven J. Stratton
Mark A. Wheatley
11
12 LONG TITLE
13 General Description:
14 This bill eliminates the statute of limitations for civil actions for child sexual abuse.
15 Highlighted Provisions:
16 This bill:
17 ▸ provides that a victim of child sexual abuse may file a civil action at any time.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 78B-2-308, as renumbered and amended by Laws of Utah 2008, Chapter 3
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-2-308 is amended to read:
28 78B-2-308. Civil actions for sexual abuse of a child.
29 (1) As used in this section:
30 (a) "Child" means a person under 18 years of age.
31 (b) "Discovery" means when a person knows or reasonably should know that the injury
32 or illness was caused by the intentional or negligent sexual abuse.
33 (c) "Injury or illness" means either a physical injury or illness or a psychological injury
34 or illness. A psychological injury or illness need not be accompanied by physical injury or
35 illness.
36 (d) "Molestation" means touching the anus, buttocks, or genitalia of any child, the
37 breast of a female child younger than 14 years of age, or otherwise taking indecent liberties
38 with a child, or causing a child to take indecent liberties with the perpetrator or another, with
39 the intent to arouse or gratify the sexual desire of any person.
40 (e) "Negligently" means a failure to act to prevent the child sexual abuse from further
41 occurring or to report the child sexual abuse to law enforcement when the adult who could act
42 knows or reasonably should know of the child sexual abuse and is the victim's parent,
43 stepparent, adoptive parent, foster parent, legal guardian, ancestor, descendant, brother, sister,
44 uncle, aunt, first cousin, nephew, niece, grandparent, stepgrandparent, or any person cohabiting
45 in the child's home.
46 (f) "Person" means an individual who was intentionally or negligently sexually abused.
47 It does not include individuals whose claims are derived through another individual who was
48 sexually abused.
49 (g) "Perpetrator" means an individual who has committed an act of sexual abuse.
50 [
51 molestation by an adult directed towards a child.
52 (2) (a) A person [
53 negligent sexual abuse suffered as a child[
54 (b) A person may file a civil action against a non-perpetrator for intentional or
55 negligent sexual abuse suffered as a child:
56 [
57 [
58 person may bring a civil action for such sexual abuse within four years after discovery of the
59 sexual abuse, whichever period expires later.
60 (3) The victim need not establish which act in a series of continuing sexual abuse
61 incidents caused the injury complained of, but may compute the date of discovery from the date
62 of discovery of the last act by the same perpetrator which is part of a common scheme or plan
63 of sexual abuse.
64 (4) The knowledge of a custodial parent or guardian may not be imputed to a person
65 under the age of 18 years.
66 (5) A civil action may be brought only against a living person who intentionally
67 perpetrated the sexual abuse or negligently permitted the sexual abuse to occur.
68 Section 2. Effective date.
69 If approved by two-thirds of all the members elected to each house, this bill takes effect
70 upon approval by the governor, or the day following the constitutional time limit of Utah
71 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
72 the date of veto override.