Relates to the statute of limitations on sex offenses committed against a child

2 Co-sponsors

• Joseph A. Griffo
• Catharine Young

Title of bill

An act to amend the criminal procedure law, in relation to the statute of limitation for sex offenses committed against a child

Purpose

To extend the statute of limitations for certain sex crimes committed against minors.

Summary of provisions

Section 1 amends Paragraph (f) of Subdivision 3 of Section 30.10 of the Criminal Procedure Law to increase the age, from eighteen to thirty-three, at which the statute of limitation begins to run for certain sex crimes committed against children.

Section 2 provides the effective date.

Existing law

Section 30.10 of the Criminal Procedure Law relates to the timeliness of prosecutions and periods of limitation. The section provides a criminal action must be commenced within the period of limitation prescribed in the ensuing subdivisions of this section.

Section 30.10(2)(a) of the Criminal Procedure Law provides, except as otherwise provided in subdivision three, a prosecution for a class A felony, or rape in the first degree, or a crime defined or formerly defined in section 130.50 of the Penal Law, or aggravated sexual abuse in, or course of sexual conduct against a child, may be commenced at any time.

Section 30.10(3)(f) of the Criminal Procedure Law provides, for purposes of a prosecution involving a sexual offense as defined in Article 130 of the Penal Law, other than a sexual offense delineated in paragraph (a) of subdivision two of this section, committed against a child less than eighteen years of age, incest in the first, second, or third degree committed against a child less than eighteen years of age, or use of a child in a sexual performance, the period of limitation shall not begin to run until the child has reached the age of eighteen or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Article 130 of the Penal Law provides defines the following crimes: sex offenses, rape, criminal sexual acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, female genital mutilation, facilitating a sex offense with a controlled substance, sexually motivated felony, predatory sexual assault, and predator sexual assault against a child.

Justification

Sex crimes, particularly those committed against children, are among the most heinous and disturbing of our society. These are crimes that leave life-long scars and require a comprehensive strategy to combat. Currently, the statute of limitations begins to run on sex crimes against minors when the victim turns eighteen. Often, victims of childhood sexual abuse do not come to terms with their abuse until well into adulthood. This legislation changes that age to thirty-three, giving more opportunity for those who were victimized as children of sex crimes to report the crime.

This legislation acknowledges the hesitation or inability of victims of sex crimes to report the crime, even after they turn eighteen, and also provides the opportunity for all those victims for whom the statute has run the opportunity to litigate their claim. This will increase the likelihood that perpetrators of these crimes will face criminal culpability and civil liability.

Legislative history

2013-2014: S.5491 - referred to codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.