42c5533s

§ 5533.  Infancy, insanity or imprisonment.

(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 childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 12 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 childhood sexual abuse.

(ii)  For the purposes of this paragraph, the term "childhood sexual abuse" shall include, but not be limited to, the following sexual activities between a minor 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).

42c5533v

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 30, 1984, P.L.337, No.67, eff. 30 days; June 28, 2002, P.L.518, No.86, eff. 60 days)

 

2002 Amendment.  Act 86 amended subsec. (b). Section 3 of Act 86 provided that the amendment of subsec. (b) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of Act 86.