What's happening
This bill extends the statute of limitations for prosecuting certain sex offenses against children until the victim turns 33 years old.
Why it matters
Gives victims of child sex offenses more time to seek justice. By extending the statute of limitations until age 33, the bill recognizes that many survivors may not be ready or able to come forward until well into adulthood due to trauma, fear, or other barriers.
Could increase prosecution rates for historic abuse. Law enforcement and prosecutors will have a longer window to investigate and bring charges, potentially leading to more offenders being held accountable for crimes committed years earlier.
Signals a shift in how the legal system views childhood sexual abuse. The change reflects an understanding of the long-term impact of abuse and acknowledges that the process of disclosure and healing often takes decades.
May impact institutions and individuals responsible for reporting. The longer statute of limitations can affect organizations (such as schools or religious institutions) that failed to report abuse, increasing their potential legal exposure and encouraging better reporting practices.
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Who cares
Headline styles
Extend Child Sex Abuse Limits
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1436
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sens. RITCHIE, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the statute of limitation for sex offenses committed against a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as separately amended by chapters 3 and 320 of the laws of 2006, is amended to read as follows:
(f) For purposes of a prosecution involving a sexual offense as defined in article one hundred thirty 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 as defined in sections 255.27, 255.26 and 255.25 of the penal law committed against a child less than eighteen years of age, or use of a child in a sexual performance as defined in section 263.05 of the penal law, the period of limitation shall not begin to run until the child has reached the age of [eighteen] thirty-three or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07350-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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, predato- ry 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 child- hood 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.
Legislative history
2015-2016: S.3103-B Referred to Codes. 2013-2014: S.5491 Referred to Codes.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.