03-04 19:56 H.B. 117
1
Sexual Abuse Statutes of Limitation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Heidi Balderree
2
3
LONG TITLE
4
General Description:
5
This bill addresses civil statutes of limitation for certain sexual crimes.
6
Highlighted Provisions:
7
This bill:
8
▸ addresses civil statutes of limitation for certain sexual crimes; and
9
▸ makes technical and conforming changes.
10
Money Appropriated in this Bill:
11
None
12
Other Special Clauses:
13
None
14
Utah Code Sections Affected:
15
AMENDS:
16
80-8-101, as enacted by Laws of Utah 2024, Chapter 371
17
ENACTS:
18
78B-2-402, Utah Code Annotated 1953
19
RENUMBERS AND AMENDS:
20
78B-2-401, (Renumbered from 78B-2-119, as enacted by Laws of Utah 2022, Chapter
21
474)
22
REPEALS:
23
78B-2-308, as last amended by Laws of Utah 2022, Chapter 430
24
25
Be it enacted by the Legislature of the state of Utah:
26
Section 1. Section 78B-2-401, which is renumbered from Section 78B-2-119 is renumbered
27
and amended to read:
28
Part 4. Civil Actions Arising Out of Criminal Conduct
29
[78B-2-119] 78B-2-401 . Statute of limitations after criminal proceeding.
30
(1) As used in this section:
H.B. 117 H.B. 117 03-04 19:56
31
(a) "Cause of action" means [any] a civil claim that a victim [could] may bring against a
32
defendant for criminal conduct committed against the victim.
33
(b) "Criminal conduct" means [any] an act that is charged as a felony under:
34
(i) Title 76, Chapter 5, Offenses Against the Individual, except for conduct described
35
in Subsection 78B-2-402(1)(f); or
36
(ii) Title 76, Chapter 4, Inchoate Offenses, that is directly related to prohibited
37
conduct under Title 76, Chapter 5, Offenses Against the Individual, except for
38
conduct described in Subsection 78B-2-402(1)(f).
39
(c) "Victim" means an individual directly harmed by criminal conduct or the individual's
40
representative.
41
(2)(a) Notwithstanding any statute of limitations, a victim may bring a cause of action
42
arising out of criminal conduct if:
43
(i) the defendant to the cause of action was charged by a criminal complaint,
44
indictment, or information for that criminal conduct;
45
(ii) the cause of action is brought within one year [from] after the day on which a final
46
disposition for the criminal proceeding is issued;
47
(iii) the cause of action is brought to address any harm resulting from the criminal
48
conduct that was at issue in the criminal proceeding described in Subsection
49
(2)(a)(ii); and
50
(iv) the applicable statute of limitations that would apply to the conduct at issue in the
51
cause of action did not expire before May 4, 2022.
52
(b) A defendant does not need to be convicted of the criminal conduct for an individual
53
to bring a cause of action under Subsection (2)(a).
54
(3) Subsection (2)(a) does not:
55
(a) shorten an applicable statute of limitations or an applicable tolling provision;
56
(b) toll or extend an applicable statute of limitations for an action that is brought against
57
an employer or former employer of a defendant described in Subsection (2)(a)(i); or
58
(c) require an insurer to defend or indemnify a defendant for a cause of action that would
59
otherwise be barred if not for Subsection (2)(a).
60
Section 2. Section 78B-2-402 is enacted to read:
61
78B-2-402 . Statute of limitations for civil actions arising out of sexual abuse.
62
(1) As used in this section:
63
(a) "Cause of action" means a civil claim that a victim may bring against an individual
64
for sexual abuse committed against the victim.
- 2 - 03-04 19:56 H.B. 117
65
(b) "Child" means an individual who is under 18 years old.
66
(c) "Discovers" means when an individual knows or should know that sexual abuse
67
occurred.
68
(d)(i) "Negligent sexual abuse" means when an individual Ŝ→ with a legal duty ←Ŝ
68a
fails to prevent the sexual
69
abuse of a child from occurring, or to report the sexual abuse of a child, when the
70
individual discovers the sexual abuse.
71
(ii) "Negligent sexual abuse" does not include the non reporting of sexual abuse of a
72
child by a member of the clergy or an attorney who is acting in accordance with
73
Subsection 80-2-602(3).
74
(e) "Perpetrator" means an individual who commits sexual abuse.
75
(f) "Sexual abuse" means:
76
(i) rape under Section 76-5-402;
77
(ii) rape of a child under Section 76-5-402.1;
78
(iii) object rape under Section 76-5-402.2;
79
(iv) object rape of a child under Section 76-5-402.3;
80
(v) forcible sodomy under Section 76-5-403;
81
(vi) sodomy on a child under Section 76-5-403.1;
82
(vii) forcible sexual abuse under Section 76-5-404;
83
(viii) sexual abuse of a child under Section 76-5-404.1;
84
(ix) aggravated sexual abuse of a child under Section 76-5-404.3; or
85
(x) aggravated sexual assault under Section 76-5-405.
86
(g)(i) "Victim" means an individual against whom sexual abuse is committed or
87
allegedly committed.
88
(ii) "Victim" does not include an individual whose claims are derived through another
89
individual against whom sexual abuse is committed or allegedly committed.
90
(2)(a) Notwithstanding other provisions of this code, a victim has a right of action at
91
any time against:
92
(i) a perpetrator of sexual abuse committed or allegedly committed against the
93
victim; or
94
(ii) an individual who would be criminally responsible under Section 76-2-202 for
95
sexual abuse committed or allegedly committed against the victim.
96
(b) A victim may only bring an action described in Subsection (2)(a) against an
97
individual for negligent sexual abuse within the later of four years after the day on
- 3 - H.B. 117 03-04 19:56
98
which:
99
(i) the victim turns 18 years old; or
100
(ii) the victim discovers the sexual abuse.
101
(3) A victim may bring an action described in Subsection (2) regardless of whether criminal
102
charges are filed or the perpetrator is convicted of sexual abuse.
103
(4) For purposes of establishing the discovery of sexual abuse under Subsection (2)(b)(ii):
104
(a) if there is more than one alleged act of sexual abuse in an action, the date of
105
discovery is computed from the day on which the victim discovers the last alleged act
106
of sexual abuse by the perpetrator; and
107
(b) the discovery by a parent or guardian of sexual abuse may not be imputed to a victim
108
who is a child at the time of the sexual abuse.
109
(5)(a) This section extends the statute of limitations for an action described in
110
Subsection (2) that is not time barred on or before May 7, 2025.
111
(b) This section does not revive an action that is time barred on or before May Ĥ→ [1]
111a
7 ←Ĥ , 2025.
112
Section 3. Section 80-8-101 is amended to read:
113
80-8-101 . Definitions.
114
As used in this chapter:
115
(1) "Child" means an individual under 18 years old.
116
(2) "Registered sex offender check" means a search of:
117
(a) the state's [Sex and Kidnap Offender Registry] Sex, Kidnap, and Child Abuse
118
Offender Registry described in Title 77, Chapter 41, [Sex and Kidnap Offender
119
Registry] Sex, Kidnap, and Child Abuse Offender Registry; and
120
(b) the National Sex Offender Public Website administered by the United States
121
Department of Justice.
122
(3) "Sexual abuse" means [the same as that term is defined in Section 78B-2-308] an act or
123
attempted act of sexual intercourse, sodomy, or molestation by an adult directed towards
124
a child.
125
(4)(a) "Youth services organization" means a sports league, athletic association, church
126
or religious organization, scouting organization, or similar formally organized
127
association, league, or organization, that provides recreational, educational, cultural,
128
or social programs or activities to 25 or more children.
129
(b) "Youth services organization" does not include any person that is required to conduct
130
a background check on employees or volunteers under any other provision of state or
- 4 - 03-04 19:56 H.B. 117
131
federal law.
132
(5) "Youth worker" means an individual:
133
(a) who is 18 years old or older;
134
(b) who is employed by or volunteers with a youth services organization; and
135
(c) whose responsibilities as an employee or volunteer with the youth services
136
organization give the individual regular and repeated care, supervision, guidance, or
137
control of a child or children.
138
Section 4. Repealer.
139
This bill repeals:
140
Section 78B-2-308, Legislative findings -- Civil actions for sexual abuse of a child --
141
Window for revival of time barred claims.
142
Section 5. Effective date.
143
This bill takes effect on May 7, 2025.
- 5 -