21.619.10 96th Legislative Session 585
Introduced by: Representative Pourier
An Act to rescind the statute of limitations for any civil cause of action arising out of childhood sexual abuse.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 26-10-25 be AMENDED.
26-10-25. No statute of limitations--Civil action for damages--Childhood sexual abuse.
civil action based on intentional conduct brought by any person for
recovery of damages for injury suffered as a result of childhood
sexual abuse shall be commenced within three years of the act alleged
to have caused the injury or condition, or three years of the time
the victim discovered or reasonably should have discovered that the
injury or condition was caused by the act, whichever period expires
later. However, no person who has reached the age of forty years may
recover damages from any person or entity other than the person who
perpetrated the actual act of sexual abuseNo
statute of limitations or statute of repose applies to a civil cause
of action brought by any person for recovery of damages for an injury
suffered by the person from any act of childhood sexual abuse.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.