Colorado § 13-80-103.7 - General limitation of actions - sexual misconduct - third-party liability - definition.

§ 13-80-103.7. General limitation of actions - sexual misconduct - third-party liability - definition.

(1) (a) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to limit the time period to commence an action described in this section, any civil action based on sexual misconduct, including any derivative claim, may be commenced at any time without limitation.

(b) This subsection (1) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.

(2) As used in this section, unless the context otherwise requires, "sexual misconduct" means any conduct that forms the basis of a civil action that is engaged in for the purpose of the sexual arousal, gratification, or abuse of any person, and that constitutes any of the following:

(a) A first degree misdemeanor or a felony offense described in part 3 or 4 of article 3 of title 18 or a felony offense described in article 6 or 7 of title 18;

(b) Human trafficking for sexual servitude, as described in section 18-3-504;

(c) A federal sex offense as defined in the federal "Sex Offender Registration and Notification Act", 34 U.S.C. sec. 20911 (5)(A)(iii);

(d) Obscene visual representations of the sexual abuse of children, as described in 18 U.S.C. sec. 1466A;

(e) Transfer of obscene material to minors, as described in 18 U.S.C. sec. 1470; or

(f) Attempt or conspiracy to commit sex trafficking of children or by force, fraud, or coercion, as described in 18 U.S.C. sec. 1594.

(3) to (5) (Deleted by amendment, L. 2022.)

(6) (a) This section also applies to any cause of action arising from factual circumstances that include sexual misconduct that is brought against a person or entity that is not the perpetrator of the sexual misconduct.

(b) This subsection (6) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.

Source: L. 90: Entire section added, p. 885, § 1, effective April 16. L. 93: Entire section amended, p. 1908, § 1, effective July 1. L. 2017: (3.5)(a) amended, (HB 17-1046), ch. 50, p. 156, § 4, effective March 16; (3.5)(a) amended, (SB 17-242), ch. 263, p. 1293, § 110, May 25. L. 2021: Entire section amended, (SB 21-073), ch. 28, p. 117, § 1, effective January 1, 2022.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

ANNOTATION

Statute of limitations set forth in this section is restricted to claims brought against a perpetrator and does not encompass claims against parties other than a perpetrator of a sexual offense. Sandoval v. Archdiocese of Denver, 8 P.3d 598 (Colo. App. 2000).

Claims of intentional sexual assault or battery committed during the provision of medical services are subject to the six-year statute of limitation of this section, unless the sexual touching occurred in a negligent manner. Hurtado v. Brady, 165 P.3d 871 (Colo. App. 2007).

This section does not purport to define when an action for sexual assault on a child "accrues", but rather establishes the six-year limitation period and provides that the period runs from accrual or from the date of removal of disability. Sailsbery v. Parks, 983 P.2d 137 (Colo. App. 1999).

"Legal disability" in subsection (3.5)(a) denotes an inability to bring a lawsuit based on some recognized policy of the law. T.D. v. Wiseman, 2017 COA 111, 415 P.3d 852.