Current through 2023 Legislative Sessions
Section 28-01-25.1 - Limitation on actions alleging childhood sexual abuse1. Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within twenty-one years after the potential claim resulting from alleged childhood sexual abuse accrued.2. If the plaintiff was under fifteen years of age when the act resulting in a potential claim for childhood sexual abuse occurred, the applicable twenty-one year period of limitation does not begin to run until the plaintiff has reached fifteen years of age.3. For purposes of this section, "childhood sexual abuse" means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under eighteen years of age and which would have been a violation of chapter 12.1-20 or 12.1-27.2.4. In a claim for relief under this section, the plaintiff is not required to establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.Amended by S.L. 2023 , ch. 297( SB 2282 ), § 3, eff. 8/1/2023.Amended by S.L. 2015 , ch. 234( SB 2331 ), § 1, eff. 8/1/2015.Added by S.L. 2011 , ch. 231( HB 1456 ), § 1, eff. 8/1/2011.