Is There a Statute of Limitations on Child Abuse in Texas?
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Table of Contents
No SOL — Texas CCP Article 12.01(1)
The following child abuse offenses have no statute of limitations in Texas: Continuous Sexual Abuse of Young Child or Disabled Individual (Penal Code § 21.02) — pattern of sexual abuse over 30+ days against victim under 14; first-degree felony with 25-year mandatory minimum. Sexual Performance by a Child (§ 43.25) — using or inducing child under 18 in sexual performance. Trafficking of a Child for sexual purposes (§ 20A.02(a)(7)(8)) — first-degree felony. Compelling Prostitution of a Minor (§ 43.05(a)(2)). Sexual Assault or Aggravated Sexual Assault of a Child when DNA evidence identifies the offender (Art. 12.01(1)(B)(C)). These offenses can be prosecuted any time evidence supports charges.
20 years from 18th birthday — Article 12.01(5)(B)
Most other child sex offenses have a 20-year SOL beginning at the victim's 18th birthday: Sexual Assault of a Child (§ 22.011(a)(2)) — when DNA not identifying offender; Aggravated Sexual Assault of a Child (§ 22.021(a)(1)(B)) — when DNA not identifying offender; Indecency with a Child (§ 21.11). This means a child victim assaulted at age 8 has until age 38 to support charges (and longer if DNA evidence identifies the perpetrator).
Non-sexual child abuse — different SOL
Non-sexual child abuse offenses have different SOL: Injury to a Child (Penal Code § 22.04) — when intentionally/knowingly committed: 10 years (Art. 12.01(3)). When recklessly committed: 5 years (Art. 12.01(5)). Abandoning or Endangering a Child (§ 22.041) — typically 3 years for state-jail felony; longer if charged as second-degree. Online Solicitation of a Minor (§ 33.021) — 10 years if first-degree; 5 years if lower. Non-sexual physical abuse generally has shorter SOL than sexual abuse, but cases involving severe injury can support related charges with longer SOL.
Civil claims — much longer SOL
Texas civil claims for childhood sexual abuse have a 30-year SOL from the victim's 18th birthday under Civil Practice & Remedies Code § 16.0045. This is among the longest civil SOL in the U.S. Civil claims allow recovery of damages from individual perpetrators, institutions that knew or should have known (schools, churches, sports organizations), and entities that contributed to the abuse. The civil SOL is separate from and longer than the criminal SOL for the same conduct in many cases. A victim aged 35 may still have civil claim options even where criminal SOL has expired.
Evidence preservation — CCP Article 38.43
Texas Code of Criminal Procedure Article 38.43 requires law enforcement and laboratories to preserve sexual assault evidence kits (SAKs) until expiration of the SOL. For offenses with no SOL (continuous sexual abuse, DNA-identified offenders), preservation is effectively indefinite. The 2011 Lavinia Masters Act (named after a Texas rape survivor) addressed the historical backlog of untested kits and required testing within 90 days of receipt. Texas DPS Crime Lab and county forensic facilities are subject to evidence preservation protocols that preserve the possibility of late-discovered prosecution.
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Frequently Asked Questions
Is there a statute of limitations on child sexual abuse in Texas?
For continuous sexual abuse of young child, sexual performance by child, trafficking of child, and DNA-identified sexual assault/aggravated sexual assault of child: no SOL. For other child sex offenses without DNA: 20 years from the victim's 18th birthday.
What's the SOL for child physical abuse in Texas?
Injury to a child (Penal Code § 22.04) — 10 years from offense for intentional/knowing; 5 years for reckless. Abandonment of child (§ 22.041) — typically 3 years for state-jail felony; longer for enhanced cases.
Can child abuse be prosecuted decades after the offense?
Yes — particularly when DNA evidence identifies the offender or when continuous sexual abuse charges apply. Multiple Texas cases have been prosecuted 40+ years after the offense based on CODIS DNA matches.
What's the difference between criminal SOL and civil SOL for child abuse?
Criminal SOL (CCP Art. 12.01) governs when criminal charges can be filed by the state. Civil SOL (CPRC § 16.0045) governs when the victim can file a civil lawsuit for damages. Texas civil SOL for childhood sexual abuse is 30 years from victim's 18th birthday — longer than most criminal SOL provisions.
How long does Texas preserve evidence in child abuse cases?
Indefinitely for cases with no SOL (continuous sexual abuse, DNA-identified offenders) under CCP Article 38.43. For other cases, evidence is preserved until SOL expires. The 2011 Lavinia Masters Act requires SAK testing within 90 days of receipt.
