Section 54-193a - Limitation of prosecution for offenses involving sexual abuse of minor.

CT Gen Stat § 54-193a (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Notwithstanding the provisions of section 54-193, no person may be prosecuted for any offense, except a class A felony, involving sexual abuse, sexual exploitation or sexual assault of a minor except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.

(P.A. 90-279, S. 2; P.A. 91-406, S. 14, 29; P.A. 93-340, S. 11, 19; P.A. 02-138, S. 1.)

History: P.A. 91-406 inserted “after the commission of the offense” after “seven years”; P.A. 93-340 replaced “or seven years after the commission of the offense, whichever is less” with “or within five years from the date the victim notifies any police officer or state's attorney acting in his official capacity of the commission of the offense, whichever is earlier”, effective July 1, 1993; P.A. 02-138 added exception re class A felony, extended time limitation on possible prosecution from within 2 to within 30 years from the date the victim attains the age of majority, deleted proviso that required the time period to be in no event less than 5 years after the commission of the offense, added proviso that required the victim to have notified the police officer or state's attorney not later than 5 years after the commission of the offense if the prosecution is for a violation of Sec. 53a-71(a)(1) and made a technical change for purposes of gender neutrality, effective May 23, 2002, and applicable to any offense committed on or after said date.

See Sec. 52-577d re statute of limitations in civil action.

Was not intended to be applied retrospectively. 228 C. 393. Cited. 230 C. 472. Defendant's prosecution for first degree sexual assault with respect to his minor foster son was not time barred; statutory limitations period for beginning prosecutions within 5 years from the date victim notifies any police officer or state's attorney of commission of the offense was triggered when victim told police of defendant's actions during an interview, not when Department of Children and Families faxed police notification of suspected abuse based on statements that victim had made to department employee; no persuasive evidence that legislature intended to limit section to crimes of which an express element is sexual abuse, sexual exploitation or sexual assault. 280 C. 551.

Cited. 26 CA 674. P.A. 02-138 amendments are not applicable to offenses committed prior to May 23, 2002. 138 CA 22.