California Childhood Sexual Assault Statute of Limitations: CCP § 340.1
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
For childhood sexual assault occurring on or after January 1, 2024, Code of Civil Procedure section 340.1 provides that there is no time limit for the commencement of an action for damages suffered as a result of that assault.
Conduct occurring before that date is governed by the limitations rules in effect under the prior version of the statute, and must be analyzed separately.
Source: California Code of Civil Procedure section 340.1 (as of August 31, 2026).
What the statute says
Section 340.1(a) states that there is no time limit for commencing the listed actions for recovery of damages suffered as a result of childhood sexual assault. The statute defines childhood sexual assault by reference to acts that occurred when the plaintiff was under the age of 18 and that would have violated specified Penal Code sections.
By its own terms this rule applies to childhood sexual assaults occurring on or after January 1, 2024. Section 340.1(p) provides that claims involving assaults before that date remain subject to the prior statute of limitations rules — so the date of the conduct, not the date of filing, determines which regime applies.
Certificates of merit
The absence of a limitations period does not remove the statute's procedural gate. Where the plaintiff is 40 years of age or older at filing, section 340.1(e) through (h) requires certificates of merit from both an attorney and a licensed mental health practitioner before a defendant may be served.
This is a service prerequisite rather than a filing deadline, but it is frequently the operative constraint in an older claim, and failure to comply can be fatal to the action notwithstanding that the claim is not time-barred.
Key exceptions and tolling
- Pre-2024 conduct.Assaults occurring before January 1, 2024 are governed by the prior version of section 340.1 and its limitations structure; the no-time-limit rule does not reach back.
- Certificate of merit at 40 or older.A plaintiff who is 40 or older at filing must obtain certificates of merit from an attorney and a licensed mental health practitioner before serving any defendant.
- Age of the plaintiff at the time of the assault.The statute reaches acts committed when the plaintiff was under 18; conduct after that age falls outside section 340.1 and runs under the ordinary tort periods.
- Public entity defendants.Claims against public entities raise distinct claim-presentation questions that must be analyzed separately from section 340.1's limitations rule.
- Defined predicate offenses.The statute operates by reference to enumerated Penal Code sections; conduct outside those provisions is not covered by section 340.1.
Frequently asked
Is there a statute of limitations for childhood sexual abuse claims in California?
For childhood sexual assault occurring on or after January 1, 2024, Code of Civil Procedure section 340.1 provides that there is no time limit for commencing an action. Assaults occurring before that date remain subject to the prior limitations rules. This is general information, not legal advice.
What is the certificate of merit requirement in California section 340.1?
Where the plaintiff is 40 years of age or older at filing, section 340.1 requires certificates of merit from both an attorney and a licensed mental health practitioner before any defendant may be served. It is a service prerequisite, not a filing deadline, but non-compliance can defeat the action.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure section 340.1 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.