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§ 5533. Infancy, insanity or imprisonment

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: November 26, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 55. Limitation of Time (Refs & Annos)
Subchapter B. Civil Actions and Proceedings (Refs & Annos)
Effective: November 26, 2019
42 Pa.C.S.A. § 5533
§ 5533. Infancy, insanity or imprisonment
<For applicability of the amendment of this section by Act 2019, Nov. 26, P.L. 641, No. 87, see § 10(1) and (2) of that Act.>
(a) General rule.--Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter.
(b) Infancy.--
(1)(i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter.
(ii) As used in this paragraph, the term “minor” shall mean any individual who has not yet attained 18 years of age.
(2)(i) If an individual entitled to bring a civil action arising from sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 37 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.
(i.1) If an individual entitled to bring a civil action arising from sexual abuse is at least 18 and less than 24 years of age at the time the cause of action occurs, the individual shall have until attaining 30 years of age to commence an action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.
(ii) For the purposes of this paragraph, the term “sexual abuse” shall include, but not be limited to, the following sexual activities between an individual who is 23 years of age or younger and an adult, provided that the individual bringing the civil action engaged in such activities as a result of forcible compulsion or by threat of forcible compulsion which would prevent resistance by a person of reasonable resolution:
(A) sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;
(B) deviate sexual intercourse, which includes sexual intercourse per os or per anus; and
(C) indecent contact, which includes any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
(iii) For purposes of this paragraph, “forcible compulsion” shall have the meaning given to it in 18 Pa.C.S. § 3101 (relating to definitions).

Credits

1978, April 28, P.L. 202, No. 53, § 10(62), effective June 27, 1978. Amended 1984, May 30, P.L. 337, No. 67, § 1, effective in 30 days; 2002, June 28, P.L. 518, No. 86, § 1, effective in 60 days; 2019, Nov. 26, P.L. 641, No. 87, § 2, imd. effective.
BAR ASSOCIATION COMMENT
Source Note: Intended as a codification of existing law.
HISTORICAL AND STATUTORY NOTES
Act 2002-86 legislation
Act 2002-86, § 1, in subsec. (b), designated the existing text as pars. (1)(i) and (ii), added par. (2), and made other nonsubstantive changes.
Section 3 of 2002, June 28, P.L. 518, No. 86, effective in 60 days, provides:
“The amendment of 42 Pa.C.S. § 5533(b) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of this act.”
Act 2019-87 legislation
Act 2019-87, § 2, in subsec. (b)(2)(i), twice deleted “childhood” preceding “sexual abuse”, and substituted “37 years” for “12 years”; added subsec. (b)(2)(i.1); and in subsec. (b)(2)(ii), substituted “ the term ‘sexual abuse’ shall include, but not be limited to, the following sexual activities between an individual who is 23 years of age or younger and an adult” for “the term ‘childhood sexual abuse’ shall include, but not be limited to, the following sexual activities between a minor and an adult”.
Sections 9 to 11 of 2019, Nov. 26, P.L. 641, No. 87, imd. effective, provide:
“Section 9. The provisions of this act are severable. If any provision of this act is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.
“Section 10. This act shall apply as follows:
“(1) The amendment or addition of 42 Pa.C.S. §§ 5533(b)(2), 5551(7) and 5552(b.1) and (c)(3) and (3.1) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of this section.
“(2) The amendment of 42 Pa.C.S. § 5533(b)(2) shall apply retroactively to civil actions where the limitations period has not expired prior to the effective date of this section.
“(3) The addition of 42 Pa.C.S. §§ 5522(c)(3.1), 8522(b)(10), 8528(d), 8542(b)(9) and 8553(e) shall apply as follows:
“(i) Prospectively, to a cause of action which arises on or after the effective date of this section.
“(ii) Retroactively, to a cause of action if the cause of action arose before the effective date of this section. Nothing in this subparagraph shall do any of the following:
“(A) Revive a cause of action as to which the limitation period has expired prior to the effective date of this section.
“(B) Permit the application of the addition of 42 Pa.C.S. §§ 5522(c)(3.1), 8522(b)(10), 8528(d), 8542(b)(9) and 8553(e) to a claim:
“(I) that is subject to a final judgment which, on the effective date of this section, is not subject to appeal; or
“(II) that, on the effective date of this section, has been nonjudicially resolved in its entirety by the parties, in a form which is enforceable.
“Section 11. This act shall take effect as follows:
“(1) The following provisions shall take effect immediately:
“(i) Section 10 of this act.
“(ii) This section.
“(2) The remainder of this act shall take effect upon first passage of House Bill No. 963, Printer's No. 1130 (2019), by both chambers of the General Assembly or immediately, whichever is later [Joint Resolution No. 2, 2019, H.B. 963, was signed in both the House and Senate on Nov. 21, 2019, and filed in the Office of the Secretary of the Commonwealth on Nov. 25, 2019].”
42 Pa.C.S.A. § 5533, PA ST 42 Pa.C.S.A. § 5533
Current through 2020 Regular Session Act 22. Some statute sections may be more current, see credits for details.
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