What Your Church Needs to Know About Abuse Reporting Laws

Child Abuse Reporting

Statutes and Regulations: Ala. Code §§ 26-14-1 to 26-14-13 (2019) // Ala. Admin. Code r.660-5-34 (2019)

Who Must Report: Alabama statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Ala. Code § 26-14-3 for the complete list of mandated reporters.

What Must Be Reported: Physical, sexual, mental abuse and neglect by someone responsible for the health and welfare of the child.

Legal Standard: Reasonable Suspicion Penalty for Failure to Report: Misdemeanor

State Resource Link: http://dhr.alabama.gov/services/Child_Protective_Services/ Abuse_Neglect_Reporting.aspx

Application to Clergy: Ala. §26-14-3(f) states that “clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law.”

Statute of Limitations for Criminal Prosecution

Statutes: Ala. Code §§ 15-3-1; 15-3-2; 15-3-5 (2019)

Felonies: For most felonies, prosecution must be commenced within five years of the commission of the crime. However, Ala. Code § 15-3-5 sets out some exemptions to this general rule. Specifically, there is no statute of limitations for any felony sex offense involving the use, threat of use, or attempted use of force; any felony sex offense involving serious physical injury, or any felony sex offense involving a victim under the age of sixteen.

Misdemeanors: For most misdemeanors, the statute of limitations is one year. DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Ala. Code §§ 13A-6-62 through and §13A-70 (2019)

In Alabama, an individual under the age of 16 is incapable of consenting to sexual contact. It is illegal to engage in sexual activity with an individual under the age of 16.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Alaska Stat. §§ 47.17.010 through 47.17.290 (2019)

Who Must Report: Alaska statutes provide a list of mandated reporters which includes medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Alaska Stat. § 47.17.020 for the complete list of mandated reporters.

What Must Be Reported: Physical or mental injury, sexual abuse, sexual exploitation, neglect, or maltreatment of a child.

Legal Standard: Reasonable Cause to Suspect – by statute “means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case.” Alaska Stat. § 47.17.290

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://dhss.alaska.gov/ocs/Pages/childrensjustice/mandatoryreporting.aspx

Clergy/Parishioner Privilege: Statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Alaska Stat. § 12.10.010 (2019)

Felonies: For most felonies, prosecution must be commenced within 5 years of the commission of a felony; however, Alaska Stat. §12.10.010 enumerates felonies that do not have a statute of limitations and can be commenced at any time. They are as follows: felony sexual abuse of a minor, sexual assaults that are unclassified, Class A or Class B felonies, distribution of child pornography, and sex trafficking. In addition, sexual assault of an individual who is mentally incapable, incapacitated, or unaware has a ten-year statute of limitations.

Misdemeanors: Prosecution must be commenced within 5 years of the commission of a misdemeanor.

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Alaska Stat. §§ 11.41.434 through 11.41.440 (2019)

In Alaska, an individual under the age of 16 is incapable of consenting to sexual contact. It is illegal to engage in sexual activity with an individual under the age of 16. Alaska has a close-in-age exemption of less than three years. The age of consent is raised if the offender is in a position of authority in respect to the victim.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Ariz. Rev. Stat. §13-3620 (2019)

Who Must Report: Arizona statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, law enforcement, and any other person who has responsibility for the care of a minor. Please refer to Ariz. Rev. Stat. §13-3620 for the complete list of mandated reporters.

What Must Be Reported: Physical injury, abuse, child abuse, sexual abuse, or neglect

Legal Standard: Reasonable Belief

Penalty for Failure to Report: Could be a misdemeanor or felony—See Ariz. Rev. Stat. §13-3620

State Resource Link: https://dcs.az.gov/report-child-abuse

Clergy Privilege: Yes—According to Ariz. Rev. Stat. §13-3620, the clergy privilege only applies “to the communication or confession and not to personal observations the member of the clergy . . . may otherwise make of the minor.”

Statute of Limitations for Criminal Prosecution

Statutes: Ariz. Rev. Stat. § 13-107 (2019)

Felonies: For most felonies, the statute of limitations is seven years. However, there is no statute of limitations for violent sexual assault, or sex crimes that are listed as Class 2 felonies.

Misdemeanors: There is a one-year statute of limitations for misdemeanors.

DNA Exception: Yes. Ariz. Rev. Stat. §13-107(E) provides a tolling of the statute of limitations for serious offenses when the identity of the offender is unknown or offense is unknown.

Statutory Rape / Age of Consent

Statutes: Ariz. Rev. Stat. §13-1404 – 1405 (2019)

These statutes provide guidance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors. Each offense is specific to the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Ark. Code Ann. §§12-18-101 through 12-18-911 (2019)

Who Must Report: Arkansas statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Ark. Code Ann. §12-18-402 for the complete list of mandated reporters.

What Must Be Reported: Physical, mental abuse, or neglect or abandonment by a parent, guardian, or caretaker. Sexual abuse by anyone.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://ar.mandatedreporter.org/

Clergy Privilege: Yes. This privilege applies when information is acquired through communication required to be kept confidential pursuant to religious discipline of relevant denomination or faith.

Statute of Limitations for Criminal Prosecution

Statutes: Ark. Code § 5-1-109 (2019)

Felonies: In Arkansas, there is no statute of limitations for rape of minor, sexual indecency with a child, first degree sex offense, second degree sex offense when victim is a minor, incest with minor, exploitation of child. In addition, other felonies that are committed against a minor, the victim has until his/her twenty-eighth birthday to report (commence criminal action) the following offenses: sexual assault in the third degree, sexual assault in the fourth degree, endangering the welfare of a minor in the first degree, permitting abuse of a minor, and computer child pornography.

Misdemeanors: Misdemeanors carry a one-year statute of limitation. However, an exception exists for failure to notify by mandated reporter, extending the statute of limitations to ten-years after the child victim reaches the age of eighteen.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statute: Ark. Code §5-14-124 through 127(2019)

These statutes provide guidance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors. Each offense is specific to the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Cal. Penal Code §§ 11164 through 11172 (2019)

Who Must Report: California statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Cal. Penal Code § 11166 for the complete list of mandated reporters.

What Must Be Reported: Physical, sexual, mental abuse or neglect

Legal Standard: Reasonable suspicion means “that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. ‘Reasonable suspicion’ does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any ‘reasonable suspicion’ is sufficient.” Cal. Penal Code § 11166(a)(1).

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://www.cdss.ca.gov/Reporting/Report-Abuse/Child-Protective-Services

Clergy Privilege: Yes. The requirement for mandated reporting does not apply to a member of the clergy who has obtained information during a “penitential communication.” See Cal. Penal Code § 11166(d).

Statute of Limitations for Criminal Prosecution

Statutes: Cal. Penal Code §§ 799, 801.1, 801.2, and 803 (2019)

Felonies: California has no statute of limitations for rapes committed on or after January 1, 2017 or rapes for which the statute of limitations has not run by January 1, 2017. For all other rapes and serious sex offenses, the statute of limitations is 10 years. Some sex offense crimes against minors allow for the action be commenced up until the victim’s fortieth birthday (applies to crimes committed on or after January 1, 2015).

Misdemeanors: The statute of limitations for misdemeanors ranges from one to three years depending on seriousness of offense and age of victim.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statute: Ark. Code §5-14-124 through 127(2019)

Cal. Penal Code § 261.5 (2019) prohibits “unlawful sexual intercourse” with a minor. The difference in age between the parties will determine whether it is a misde- meanor or felony. The statute also sets civil penalties for adults who engage in unlawful sexual intercourse with minors.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Colo. Rev. Stat. §§ 19-3-301 through 309 (2019)

Who Must Report: Colorado statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, coaches, and law enforcement. Please refer to Colo. Rev. Stat. §19-3-304 for the complete list of mandated reporters.

What Must Be Reported: Physical, sexual or mental abuse by a parent, guardian, or legal custodian

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://co4kids.org/

Clergy Privilege: Yes. The privilege only applies to those communications that fall within the clergy-penitent privilege, but would not apply to information that rises to the level of reasonable cause acquired through other means.

Statute of Limitations for Criminal Prosecution

Statutes: Colo. Rev. Stat. § 16-5-401

Felonies: In Colorado, there is no statute of limitations for any sex offense against a child. Most felonies have a three year statute of limitations; however, some felony sexual assault has a statute of limitations of twenty years.

Misdemeanors: The statute of limitations for general misdemeanors is eighteen months; however, for misdemeanor offenses charges as sexual assaults the action must be commenced within five years of the commission of the crime.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Colo. Rev. Stat. § 18-3-402 through 405.3 (2019) – These statutes provide guidance on a number of age-related scenarios related to sexual abuse and sexual con- duct involving minors. Each offense is specific to the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 17

Child Abuse Reporting

Statutes and Regulations: Conn. Gen. Stat. § 17a-101(2019) // Conn. Agencies Reg. §17a-101k-1 through 17a-101k-16 (2019)

Who Must Report: Connecticut statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Conn. Gen. Stat. § 17a-101 for the complete list of mandated reporters.

What Must Be Reported: Physical, sexual, mental, neglect inflicted by a “responsible person”—parent, guardian, person entrusted with care.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://portal.ct.gov/DCF/1-DCF/Reporting-Child-Abuse-and-Neglect

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Conn. Gen. Stat. § 54-193 and § 54-193a

Felonies: Connecticut does not have a statute of limitation for sex crimes that are Class A felonies—first degree sexual assault of minor under the age of sixteen, first degree aggravated sexual assault of victim under age 16, and aggravated sexual assault of a minor. In addition, commercial sexual abuse of child under fifteen, trafficking persons, and employing a minor in obscene performance do not have a statute of limitations. Other crimes involving the sexual assault of a minor have a statute of limitations of either five years from date victim notified police or the victim’s 48th birthday whichever is earlier. Other felony sex crimes charges that do not fit the above descriptions will have a five-year statute of limitations.

Misdemeanors: One year

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Conn. Gen. Stat. §§ 53a-71 through 53a-73a (2019). These statutes provide guidance on a number of age-related scenarios related to sexual abuse and sexual con- duct involving minors. Each offense is specific to the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Del. Code Ann. tit. 16, §§ 901 through 914 (2019)

Who Must Report: Anyone who knows or in good faith suspects.

What Must Be Reported: Physical abuse, emotional abuse, torture, exploitation mis- treatment, or maltreatment by person responsible for care custody or control of child. Sexual abuse by anyone.

Legal Standard: Good faith suspicion

Penalty for Failure to Report: Civil penalties up to $10,000, cost and attorney’s fees

State Resource Link: https://kids.delaware.gov/fs/fs_iseethesigns.shtml

Clergy Privilege: Yes, the privilege applies only to those communications that are part of the “sacramental confession.”

Statute of Limitations for Criminal Prosecution

Statutes: Del. Code Ann. tit. 11 §205 (2019)

Felonies: In Delaware, there is no time limitation on Class A felonies (first degree rape). All other felonies have a five-year statute of limitations.

Misdemeanors: Varies from two to three years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Del. Code Ann. tit. 11, §761, §768 through 772 (2019). These statutes pro- vide guidance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors. Each offense is specific to the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

“A child who has not yet reached that child’s sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.” Del. Code Ann. tit. 11, §761.

Child Abuse Reporting

Statutes and Regulations: D.C. Code §§ 4-1321.01 through 4-1321.07

Who Must Report: District of Columbia statutes provide a list of mandated reporters which includes medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Alaska Stat. § D.C. Code § 4-1321.02 for the complete list of mandated reporters.

Note: At the time of this publication legislation is pending to include clergy in the list of mandated reporters.

What Must Be Reported: Physical, sexual, mental abuse and neglect.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://cfsa.dc.gov/service/report-child-abuse-and-neglect

Clergy Privilege: Yes, if information from confession or penitential communication.

Statute of Limitations for Criminal Prosecution

Statutes: DC Code § 23-113 (2019)

Felonies: The statute of limitations for felony sex abuse varies from ten-years to fifteen years. Most other felonies have a six year statute of limitations. For some felony sex abuse crimes, the time does not start to run until the child victim reaches the age of twenty-one.

Note: At the time of this publication, legislation is pending to remove the statute of limitations from a number of felony sex abuse crimes.

Misdemeanors: Three years

Statutory Rape / Age of Consent

Statutes: DC Code 22-3008 through 22-3010.01 (2019). These statutes define child sexual abuse and sexual abuse of a minor. Child sexual abuse requires that the offender be at least four years older than the child (one not yet sixteen) and engage in sexual activity. Sexual abuse of a minor occurs when the offender is at least eighteen years old, in a significant relationship with a minor, and engages in sexual activity with that minor.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Fla. Stat. §§ 39.201 through 39.206 (2019)

Who Must Report: Everyone.

What Must Be Reported: Physical, sexual, mental abuse, neglect by parent, guardian, caretaker, or other responsible adult. Any abuse by any adult other than parent, guardian or caretaker.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Felony

State Resource Link: https://www.dcf.state.fl.us/service-programs/abuse-hotline/frequently-asked-questions.shtml

Clergy Privilege: Yes. Under Florida law, communication with clergy is considered “confidential if made privately for the purpose of seeking spiritual counsel . . .” Fla. Stat. §39.204 and Fla. Stat. §90.505

Statute of Limitations for Criminal Prosecution

Statutes: Fla. Stat. § 775.15

Felonies: There is no statute of limitations for the most serious felony sexual battery on a victim under the age of eighteen. Other felony sexual battery crimes have statute of limitations that may range from three to eight years.

Misdemeanors: One to two years

DNA Exception: Yes, for crimes committed after 2006.

Statutory Rape / Age of Consent

Statutes: Fla. Stat. §794.05 (2019). An individual who is twenty-four years old or older is prohibited from engaging in sexual activity with a sixteen or seventeen year old. Fla. Stat. §800.04 (2019). This statute prohibits lewd and lascivious offenses commit- ted on individuals less than sixteen years of age.

Age: Eighteen is the general consensus, but the language in case law and § 800.04 seem to indicate sixteen.

Child Abuse Reporting

Statutes and Regulations: Ga. Code Ann. §19-7-5 (2019)

Who Must Report: Georgia statutes provide a list of mandated reporters which includes medical personnel, counselors, social workers, school employees, and law enforcement. Please refer to Ga. Code Ann. §19-7-5(c) for the full list of mandated reporters. While clergy is not specifically listed here, clergy is mentioned in subsection (g) of the statute, and one could argue that it implies a duty to report for clergy in certain circumstances outside the privilege.

What Must Be Reported: Physical, mental, sexual abuse, neglect by parent or caretaker.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://dfcs.georgia.gov/child-abuse-neglect

Clergy Privilege: Yes. A “member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator.” Ga. Code Ann. §19-7-5(g)

Statute of Limitations for Criminal Prosecution

Statutes: Ga. Code §§ 17-3-1 through 17-3-2.1

Felonies: There is no statute of limitations for rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery when DNA has established the identity of the offender. In addition, there is no statute of limitations for crimes com- mitted after July 1, 2012, where the victim is less than 16 years of age and is the victim of trafficking for the purpose of sexual servitude, first degree cruelty to a child, rape, aggravated sodomy, child molestation enticement of child for indecent purposes, or incest. Forcible rape has a statute of limitations of 15 years. Most other felonies carry a 4 year statute of limitations.

Misdemeanors: Two years

DNA Exception: Yes, for specified offenses.

Statutory Rape / Age of Consent

Statute: Ga. Code §16-6-3 (2019) statutory rape is a felony, and it occurs when an individual engages in sexual intercourse with someone under the age of 16. If the victim is at least 14 years old but not yet 16 years old, and the offender is 18 years old or younger, and no more than four years older than the victim, then the crime is a misdemeanor.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Haw. Rev. Stat. §§ 350-1 through 350-7 (2019)

Who Must Report: Hawaii statutes provide a list of mandated reporters which includes medical personnel, counselors, childcare providers, recreational/sports activities providers, social workers, school employees, and law enforcement. Please refer to Haw. Rev. Stat. § 350-1.1(a) for the full list of mandated reporters.

What Must Be Reported: Physical, sexual, mental abuse, or neglect, by person related to, residing with or responsible for the child. If the child has been the victim of sexual contact.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://humanservices.hawaii.gov/ssd/home/child-welfare-services/

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Haw. Rev. Stat. § 701-108(1)

Felonies: The crimes of sexual assault in the first and second degrees and continuous sexual assault of a minor under the age of fourteen years do not have a statute of limitations and may be commenced at any time. Other felonies have a three to six year statute of limitations.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Haw. Rev. Stat. §§ 707-730 through 707-733.6 (2019). These statutes provide guidance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors. Each offense is specific to the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Idaho Code Ann. §§ 16-1602 through 16-1607 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, mental, abandonment, or neglect.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Links: https://healthandwelfare.idaho.gov/Children/AbuseNeglect/ChildProtectionContactPhoneNumbers/tabid/475/Default.aspx and https://healthandwelfare.idaho.gov/Portals/0/Children/AbuseNeglect/CARTFCareEnough.pdf

Clergy Privilege: Yes. The notification requirements do not apply to communications made within the ecclesiastical capacity and the church has to meet certain requirements of the statute.

Statute of Limitations for Criminal Prosecution

Statutes: Idaho Code §§ 19-401; 19-402

Felonies: The crimes of rape and sexual abuse of child may be commenced at any time and do not have a statute of limitations. Most other felonies have a five year statute of limitations.

Misdemeanors: One year

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Idaho Code § 18-6101 (2019) prohibits sexual intercourse with individuals under the age of 16 years of age by an individual who is 18 years old or older; it also prohibits sexual intercourse with a 16 or 17 year old if the perpetrator is three years or more older than the victim.

Age: 18

Child Abuse Reporting

Statutes and Regulations: 325 Ill. Comp. Stat. Ann. 5/1 through 5/11.8 (2019) // 89 Ill. Adm. Code 300.30 – 300.40 (2019)

Who Must Report: Illinois statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, counselors, childcare providers, recreational/ sports activities providers, social workers, school employees, and law enforcement. Please refer to 325 Ill. Comp. Stat. Ann. 5/4 for the full list of mandated reporters.

What Must Be Reported: Physical, sexual, mental abuse, or neglect inflicted by parent or family member, caretaker, parent’s paramour, other person responsible for child’s welfare (educator, coach, health provider) or someone residing with the child.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www2.illinois.gov/dcfs/Pages/default.aspx

Clergy Privilege: Yes. Members of the clergy “shall not be compelled to disclose a confession or admission made to him or her in his or her professional character or as a spiritual advisor.” See 89 Ill. Adm. Code 300.30((b)(5)(c) and 735 Ill. Comp. Stat. Ann. 5/8-803.

Statute of Limitations for Criminal Prosecution

Statutes: 720 Ill. Comp. Stat. Ann. 5/3-5 (2019) // 720 Ill. Comp. Stat. Ann. 5/3-6 (2019)

Felonies: Crimes involving sexual conduct or penetration (where the perpetrators DNA profile was obtained and entered into the system within ten-years; see other reporting requirements in the statute) may be commenced at any time and do not have a statute of limitations. In addition, felony sexual assault and abuse crimes of victims under age 18 may be commenced at any time and do not have a statute of limitations. For the crimes of involuntary servitude, involuntary servitude of minor for sexual purposes, and trafficking in persons, the action may be brought within 25 years of the victim reaching the age of 18. For other felony crimes not designated in the statutes, the statute of limitations is three years.

Misdemeanors: One year and six months; except misdemeanor sexual abuse where victim is younger than 18, action may commence within 10 years of the victim’s eighteenth birthday.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: 720 Ill. Comp. Stat. Ann. 5/11-1.50 (2019) – this statute prohibits criminal sexual abuse which occurs when an individual under the age of 17 engages in sexual activity with a victim between the ages of 9 and 16 years of age or where the victim is between 13 and 16 and the offender is within five years of the victim’s age.

720 Ill. Comp. Stat. Ann. 5/11-1.50 (2019) – the statute prohibits aggravated criminal sexual abuse. This statute provides guidance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors with specific details regarding the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 17

Child Abuse Reporting

Statutes and Regulations: Ind. Code Ann. §§ 31-33-5-1 through 31-33-5-5 (2019

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, mental abuse or neglect.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.in.gov/dcs/2971.htm

Clergy Privilege: The privilege may exist but it is not clear. Ind. Code Ann. § 31-32- 11-1 specifically names a number of privileged relationships that are not grounds for excluding evidence in child abuse cases. Clergy-penitent is not one of them, so one may be able to assume it is intact. Please seek legal counsel in your state for the answer to this question.

Statute of Limitations for Criminal Prosecution

Statutes: Ind. Code § 35-41-4-2 (2019)

Felonies: A charge of aggravated rape may be commenced at any time and does not have a statute of limitations. Most other felonies have a 5 year statute of limitations. For the crimes of child molestation, child solicitation, child seduction, and incest charges must be filed before the victim’s thirty-first birthday.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Ind. Code § 35-42-4-9 (2019) – This statute provides guidance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors with specific details regarding the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Iowa Code §§ 232.67 through 232.75 (2019)

Who Must Report: Iowa statutes provide a list of mandated reporters which includes medical personnel, counselors, childcare providers, social workers, school employees, and law enforcement. Please refer to Iowa Code §§ 232.69 for the full list of mandated reporters.

What Must Be Reported: Physical, sexual, mental abuse or neglect by a person responsible for care of the child. Commission of a sexual offense by person responsible for the care or the child or person who is fourteen years old or older who resides in the home with the child.

Legal Standard: Reasonable Belief

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://dhs.iowa.gov/child-abuse

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Iowa Code §§ 802.2 through 802.4 (2019)

Felonies: Child sex abuse crimes must commence within ten years of child’s eighteenth birthday. Other felony crimes have a statute of limitations of three years.

Misdemeanors: One to three years depending on seriousness.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Iowa Code §§ 709.2 through 709.15 (2019) These statutes provide guid- ance on a number of age-related scenarios related to sexual abuse and sexual conduct involving minors with specific details regarding the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Kan. Stat. Ann. § 38-2223 (2019)

Who Must Report: Kansas statutes provide a list of mandated reporters which includes medical personnel, counselors, childcare providers, emergency medical personnel, social workers, school employees, and law enforcement. Please refer to Kan. Stat. Ann. § 38-2223 for the full list of mandated reporters.

What Must Be Reported: Physical, mental, emotional abuse, neglect, or sexual abuse.

Legal Standard: Reason to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://www.dcf.ks.gov/pages/report-abuse-or-neglect.aspx

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Kan. Stat. § 21-5107 (2019)

Felonies: A charge of rape may be commenced at any time and it does not have statute of limitations. For other violent felony sex crimes, the statute of limitations is ten years from the date of commission of the crime or if the victim is under the age of 18, then the charge must be brought within ten years of the eighteenth birthday. The statute for other felonies is five years.

Misdemeanors: One to three years, depending on seriousness.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Kan. Stat. § 21-5503 (2019) – This statute makes it illegal to engage in sexual intercourse with a child under the age of fourteen.

Kan. Stat. § 21-5506 (2019) – This statute covers a range of illegal sexual activity with children under the age of 16. Sexual intercourse with a child who is 14 years of age but less than 16 years of age is illegal.

Kan. Stat. § 21-5507 (2019) – This statute prohibits “voluntary” sexual acts with chil- dren between the ages of 14 and 16 years of age.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Ky. Rev. Stat. §§ 620.030 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, mental abuse, neglect, or human trafficking.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://chfs.ky.gov/agencies/dcbs/dpp/cpb/Pages/default.aspx and https://prdweb.chfs.ky.gov/ReportAbuse/home.aspx

Clergy Privilege: Yes. See Ky. Rev. Stat. § 620.030(4).

Statute of Limitations for Criminal Prosecution

Statutes: Ky. Rev. Stat. § 500.050 (2019)

Felonies: No statute of limitations on any felony sex crime

Misdemeanors: One year

Statutory Rape / Age of Consent

Statutes: Ky. Rev. Stat. § 510.020 (2019)—This statute sets the standard for consent as it relates to age. An individual under the age of 16, is incapable of consent. In addition, a 16 or 17 year old is not capable of consenting when the actor is at least ten years older.

Ky. Rev. Stat. § 510.040 through 510.140 (2019)—These statutes provide guidance on a number of age-related scenarios related to sexual assault, abuse and sexual conduct involving minors with specific details regarding the age of offender, victim, and the difference of age between the two. For some offenses, the offender’s relationship to the victim is also an element of the crime.

Age: 16

Child Abuse Reporting

Statutes and Regulations: La. Child. Code Ann. art. 603 through 611 (2019) // La. Rev. Stat. Ann. § 14:403 (2019)

Who Must Report: Louisiana statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, coaches, and law enforcement. Please refer to La. Child. Code Ann. art. 603(17) for the full list of mandated reporters.

What Must Be Reported: Physical abuse, sexual abuse, mental abuse, or neglect.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://www.dcfs.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&nid=380&pid=109

Clergy Privilege: Yes. See La. Rev. Stat. Ann. § 14:403(B). However, La. Child. Code Ann. art. 603(17)(c) urges members of the clergy “to encourage that person to report the allegations to the appropriate authorities.”

Statute of Limitations for Criminal Prosecution

Statutes: La. Crim. Proc. Code Ann. art. 571 through (2019)

Felonies: A charge for first or second-degree rape may be commenced at any time and does not have a statute of limitations. There are a number of sex offenses that have a thirty-year statute of limitations, and if the victim was under the age of 17 when the crime was committed, the thirty-year period will begin to run on the eighteenth birthday. Other felonies in this state have varying statutes of limitations ranging from four to six years.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: La. Rev. Stat. Ann. § 14.80 (2019) – This statute prohibits felony carnal knowledge of a juvenile. The statute provides guidance age of the victim as related to age of the offender in regard to sexual conduct.

La. Rev. Stat. Ann. §§ 14:80.1 through 14-81.5 (2019) provides guidance on a number of other sex offenses affecting minors such as pornography, sexting, computer solicitation, and other indecent behaviors.

Age: 17

Child Abuse Reporting

Statutes and Regulations: Me. Rev. Stat. tit. 22 §§ 4009 through 4011-A (2019)

Who Must Report: Maine statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, child- care providers, school employees, camp counselors, coaches, and law enforcement. Please refer to Me. Rev. Stat. tit. 22 § 4011-A(1)(A) for the complete list of mandated reporters.

What Must Be Reported: Abuse, neglect, or suspicious death.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Civil Penalties

State Resource Link: https://www.maine.gov/dhhs/ocfs/cw/reporting_abuse.shtml

Clergy Privilege: Members of the clergy are mandated reporters and must report “information as a result of clerical professional work except for information received during confidential communications.” See Me. Rev. Stat. tit. 22 § 4011-A(1)(A)(27).

Statute of Limitations for Criminal Prosecution

Statutes: Me. Rev. Stat. tit. 17-A, § 8

Felonies: For crimes such as incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault where the victim is less than 16 years of age, there is no statue of limitations. For other felony sex crimes, the statute of limitations varies between three and eight years depending on the seriousness of the offense.

Misdemeanors: Three years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Me. Rev. Stat. tit. 17, §254, §255A, §258, §260. These statutes provide guidance on age-related scenarios related to sexual assault, abuse and sexual conduct involving minors with specific details regarding the age of offender, victim, and the difference of age between the two.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Md. Code Ann. Family Law § 5-704 through 5-708 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical or mental abuse or neglect by a parent, family member, household member, person with responsibility for care or authority over the child. Sexual abuse by anyone.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Not stated

State Resource Link: http://dhs.maryland.gov/child-protective-services/reporting-suspected-child-abuse-or-neglect/

Clergy Privilege: Yes. A member of the clergy does not have to report if “the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.” Md. Code Ann. Family Law § 5-705(a)(3).

Statute of Limitations for Criminal Prosecution

Case Law: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); State v. Renfro, 223 Md. App. 779 (2015), cert. denied, 445 Md. 6, 122 A.3d 976 (2015)

Felonies: Maryland has no statute of limitations on felonies.

Misdemeanors: One to three years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Md. Crim. Law Code Ann. §§ 3-304 through 308 (2019). These statutes provide guidance on age-related scenarios related to sexual assault, abuse and sexual conduct involving minors with specific details regarding the age of offender, victim, and the difference of age between the two.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Mass. Gen. Laws ch.119 § 21 (2019) // Mass. Gen. Laws ch.119 § 51A (2019)

Who Must Report: Massachusetts statutes provide a list of mandated reporters which includes members of the clergy, church employees who work with children, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Mass. Gen. Laws ch.119 § 21 for the complete list of mandated reporters

What Must Be Reported: Physical abuse, sexual abuse, emotional abuse, or neglect.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Fine and/or imprisonment

State Resource Link: https://www.mass.gov/how-to/report-child-abuse-or-neglect

Clergy Privilege: Yes. Member of the clergy “need not report information solely gained in a confession or similarly confidential communication in other religious faiths.” However, if the information is gained in some other capacity the member of the clergy must report. See Mass. Gen. Laws ch.119 § 51A(j).

Statute of Limitations for Criminal Prosecution

Statutes: Mass. Gen. Laws ch. 277 § 63 (2019)

Felonies: For serious felony sexual offenses involving children, charge may be filed at any time, but if more than twenty-seven years later there are some requirements in order to bring charges. A charge for rape may be filed within fifteen years of the commission of the crime. If the victim is under the age of 16, the statute of limitations does not begin to run until the sixteenth birthday. Other felonies have a six year statute of limitations.

Misdemeanors: Six years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Mass. Gen. Laws ch. 265 § 23A (2019.) Massachusetts prohibits sexual inter- course with a child under the age of 16, if there is more than a five year age difference and the victim is under the age of 12 or if there is more than a ten-year age difference and the victim is between the age of 12 and 16 years of age.
See also Mass. Gen. Laws ch. 272 § 4 regarding enticing a person “of chaste life” under the age of eighteen.

Note: At the time of publication, legislation is pending that may change the age differences and penalties of the above referenced statutes.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Mich. Comp. Laws §§ 722.621 through 722.633 (2019)

Who Must Report: Michigan statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Mich. Comp. Laws § 722.623 for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, mental abuse, sexual abuse by parent, teacher, guardian member of the clergy, or person responsible for child’s health or welfare.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Civil liability and misdemeanor

State Resource Link: https://www.michigan.gov/mdhhs/0,5885,7-339-73971_ 7119_50648_7193—,00.html

Clergy Privilege: Yes. Members of the clergy are not required to report information received “in a confession or similarly confidential communication.” However, the member of the clergy remains a mandatory reporter for any information received in any other capacity. See Mich. Comp. Laws § 722.631.

Statute of Limitations for Criminal Prosecution

Statutes: Mich. Comp. Laws § 767.24 (2019)

Felonies: In Michigan there is no statute of limitations for first degree criminal sexual conduct. For some felony sexual offenses involving minors, the statute of limitation ranges from ten to fifteen years of by the twenty-first or twenty-eighth birthday which- ever is later. For other felonies the statute of limitations is six years.

Misdemeanors: Six years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Mich. Comp. Laws §§ 750.520b through 520e (2019). These statutes address criminal sexual conduct with individuals under the age of 16. Michigan law prohibits sexual penetration and conduct with individuals under the age of 16. The degree and severity of the offense depends on the age difference, the acts committed, and the relationship between the offender and the victim.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Minn. Stat. § 626.556 through 626.556.1 (2019)

strong>Who Must Report: Minnesota statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Minn. Stat. § 626.556 (Subd. 3) for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, mental abuse, sexual abuse, or neglect by any person responsible for the child’s care.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://mn.gov/dhs/report-abuse/ and https://www.dowr.org/img/Reporting%20Child%20Abuse%20and%20Neglect%20 1_16.pdf

Clergy Privilege: Yes. Members of the clergy are not required to report “information [acquired] while engaged in ministerial duties.” See Minn. Stat. § 626.556(Subd. 3)(a)(2).

Statute of Limitations for Criminal Prosecution

Statutes: Minn. Stat. § 628.26 (2019)

Felonies: For crimes of trafficking of individuals under the age of 18, the charge may commence at any time and there is not a statute of limitations. For sexual offenses where the victim is under the age of 18, the statute of limitations is nine years or three years after reported to law enforcement, whichever occurs later. For other felonies, the statute of limitations varies between three and six years.

Note: At the time of publication, legislation is pending to eliminate the statute of limitations for some sexual offense crimes.

Misdemeanors: Three years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Minn. Stat. §§ 609.341 through 609.3451 (2019). These statutes prohibit sexual intercourse or contact with individuals under the age of 16. The statutes define the degrees of the crime based on age of victim, age of offender, the difference in age, and relationship between the two.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Miss. Code. Ann. §§ 43-21-353 through 43-21-357 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, mental abuse, or neglect.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Fine and/or imprisonment

State Resource Link: https://www.mdcps.ms.gov/report-child-abuse-neglect/

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Miss. Code § 99-1-5

Felonies: The crimes of rape and felony sexual abuse may be brought at any time, and they do not have a statute of limitations. The statute of limitations for other felonies is two years.

Misdemeanors: Two years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Miss. Code Ann. § 97-3-65 and § 97-3-95 (2019). These statutes prohibit sexual intercourse or contact with individuals under the age of 16. The statutes define the degrees of the crime based on age of victim, age of offender, the difference in age, and relationship between the two.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Mo. Rev. Stat. §§ 210-110 through 210-140 (2019) // Mo. Rev. Stat. § 352.400 (2019)

Who Must Report: Missouri statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, law enforcement, or any “other person with responsibility for the care of children.” Please refer to Mo. Rev. Stat. §§ 210.115 (1) for the complete list of mandated reporters.

What Must Be Reported: Physical, emotional, sexual abuse, or neglect by person responsible for the care, custody, and control of the child. Sex trafficking of a child.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://dss.mo.gov/cd/keeping-kids-safe/can.htm

Clergy Privilege: Yes. Members of the clergy “shall not be required to report concerning a privileged communication made . . . in [their] professional capacity. See Mo. Rev. Stat. § 352.400 and § 210.140.

Statute of Limitations for Criminal Prosecution

Statutes: Mo. Rev. Stat. §§ 556.036 through 556.037 (2019)

Felonies: The crimes of rape, sodomy, and felony sex offenses against person 18 years of age or younger may be commenced at any time and do not have a statute of limitations. Most other felonies have a three-year statute of limitations.

Misdemeanors: One year

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Mo. Rev. Stat. §§ 566.032 through 566.034 (2019). These statutes prohibit sexual intercourse or contact with individuals under the age of 17. The statutes define the degrees of the crime based on age of victim, age of offender, the difference in age, and relationship between the two.

Age: 17

Child Abuse Reporting

Statutes and Regulations: Mont. Code Ann. § 41-3-102 (2019) // Mont. Code Ann. §§ 41-3-201 through 41-3-207 (2019)

Who Must Report: Montana statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, school employees, and law enforcement. Please refer to Mont. Code Ann. § 41-3-201(2) for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, sexual abuse, mental abuse, or neglect by anyone.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Civil liability and Misdemeanor

State Resource Link: https://dphhs.mt.gov/CFSD

Clergy Privilege: Yes. Members of the clergy are not required to make a report if the knowledge came from communication or confession received in their official capacity as a member of the clergy and the communication was intended to be confidential, and the person making the statement does not consent to its disclosure. See Mont. Code Ann. § 41-3-201(6).

Statute of Limitations for Criminal Prosecution

Statutes: Mont. Code § 45-1-205 (2019)

Felonies: Sexual assaults have a ten-year statute of limitations; however, if the victim is less than 18 years old at the time of the crime, then the statute of limitations is twenty years from the eighteenth birthday. Other felonies have a five-year statute of limitations.

Misdemeanors: One year unless a misdemeanor sex offense and victim was under 18 years old, then the statute of limitations is five years from the eighteenth birthday.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Mont. Code § 45-5-501 through 45-5-503 (2019). By law an individual under the age of 16 years of old is incapable of giving consent for sexual acts. The statutes define the degrees of the crime based on age of victim, age of offender, the difference in age, and relationship between the two.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Neb. Rev. Stat. §§ 28-710 through 28-717 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, mental abuse, or neglect.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://dhhs.ne.gov/Pages/Child-Abuse.aspx

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: Neb. Rev. Stat. § 29-110 (2019)

Felonies: The crimes of first or second degree sexual assault, sexual assault of a child, and incest may be charged at any time, and they do not have statute of limitations. Other felony child abuse crimes have a seven-year statute of limitations or within seven years of the victim’s sixteenth birthday whichever is later. Other felonies have a three year statute of limitations.

Misdemeanors: One year to eighteen months

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Neb. Rev. Stat. §§ 28-319 through 28.320.01 (2019). The statutes define the degrees of the crime based on age of victim, age of offender, the difference in age, and relationship between the two.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Nev. Rev. Stat. Ann. §§ 432B.010 through 432B.130 (2019) // Nev. Rev. Stat. Ann. §§ 432B.220 through 432B.250 (2019) // Nev. Rev. Stat. Ann. §§ 202.879 through 202.894 (2019)

Who Must Report: Nevada statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, providers of organized activities for children, school employees and volunteers, and law enforcement. Please refer to Nev. Rev. Stat. Ann. § 432B.220 for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, sexual abuse, mental abuse, or neglect by person responsible for the child’s welfare. This type of report falls under Nev. Rev. Stat. Ann. § 432B.220. Any violent or sexual offense against a child under 12 years of age. See Nev. Rev. Stat. Ann. § 202.888 for persons who are exempt from this duty to report.

Legal Standard: Reasonable Cause to Believe is defined by statute as follows: “in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.” Nev. Rev. Stat. Ann. § 202.879 and §432B.121.

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://dcfs.nv.gov/Programs/CWS/CPS/CPS/

Clergy Privilege: For reports under Nev. Rev. Stat. Ann. § 432B.220, it appears that members of the clergy are prohibited from invoking the privilege. However, for a report under Nev. Rev. Stat. Ann. § 202.888, the privilege appears to exist for communication received in their official capacity.

Statute of Limitations for Criminal Prosecution

Statutes: Nev. Rev. Stat. §§ 171.083 through 171.095 (2019)

Felonies: For the crimes of sexual assault or sex trafficking the statute of limitations is eliminated if a written report is filed with law enforcement officer during the period of limitation—for sex trafficking—4 years; and for sexual assault—20 years. For crimes of child sex abuse or child sex trafficking the charge must be filed before the victim is: (1) Thirty-six years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age; or (2) Forty-three years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches 36 years of age. Most other felonies have a three-year statute of limitations.

Misdemeanors: One to two years based on seriousness of misdemeanor

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Nev. Rev. Stat. §§ 200.364 through 200.368 (2019). In Nevada, it is illegal for a person 18 years old or older to have sexual intercourse, anal intercourse or sexual penetration with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

Age: 16

Child Abuse Reporting

Statutes and Regulations: N.H. Rev. Stat. Ann. § 169-C:3 (2019) // N.H. Rev. Stat. Ann. §§ 169-C:29 through C:39 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical abuse, sexual abuse, mental abuse or neglect.

Legal Standard: Reason to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.dhhs.nh.gov/dcyf/cps/stop.htm

Clergy Privilege: No. See N.H. Rev. Stat. Ann. § 169-C:32.

Statute of Limitations for Criminal Prosecution

Statutes: N.H. Rev. Stat. § 625:8 (2019)

Felonies: For the crime of aggravated sexual assault on a victim under the age of 18, the statute of limitations is twenty-two years from the victim’s eighteenth birthday. For sex trafficking, the statute of limitations is twenty years, unless the victim is under the age of 18, and then the statute of limitations is twenty years form the twentieth birthday. For a class A and B felonies the statute of limitations is six years.

Misdemeanors: One year

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: N.H. Rev. Stat. §§ 632-A:2 through A:4 (2019) In New Hampshire, it is illegal to have sexual contact with an individual under the age of 16. A close in age exemption exists for parties who are less than 3 years apart, and only when the younger party is older than 13 but younger than 16. However, if the offender holds a position of authority over the victim the age of consent raises to 18 years of age.

Age: 16

Child Abuse Reporting

Statutes and Regulations: N.J. Stat. Ann §§ 9:6-8.9; 9:6-8.10; 9:6-8.14 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, or mental abuse or neglect by child’s par- ent, guardian, or other person having custody and control.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Deemed a “Disorderly Person.”

State Resource Link: https://www.state.nj.us/dcf/reporting/how/index.html

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: N.J. Stat. § 2C:1-6 (2019)

Felonies: The crime of aggravated sexual assaults may be filed at any time and does not have a statute of limitations. For sexual contact with a minor, the charge must be brought within five years of the victim reaching 18 years of age. Most other felonies have a five-year statute of limitations.

Misdemeanors: One year

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: N.J. Stat. § 2C:14-2 (2019). New Jersey prohibits an individual from having sexual intercourse with anyone under the age of 16. A close in age exemption exists allowing minors between ages 13 and 15 to engage in sexual activity with a partner up to 4 years older. If the offender is a parent, guardian, sibling, a relative closer than a 4th cousin, or an individual with some authority over the victim, then the age of consent raises to 18 years of age.

Age: 16

Child Abuse Reporting

Statutes and Regulations: N.M. Stat. Ann. §§ 32A-4-2 through 32A-4-3 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, or mental abuse or neglect by child’s parent, guardian, or custodian.

Legal Standard: Reasonable Suspicion

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://cyfd.org/child-abuse-neglect/reporting-abuse-or-neglect/

Clergy Privilege: Yes. However, a member of the clergy who has information that is not privileged as a matter of law is required to report. See N.M. Stat. Ann. § 32A-4-3(A).

Statute of Limitations for Criminal Prosecution

Statutes: N.M. Stat. §§ 30-1-8 through 30-1-9.2 (2019). Felonies: First degree violent felonies may be brought at any time and do not have a statute of limitations. For the crimes of sexual penetration and sexual contact against a child the statute of limitations does not begin to run until the child is 18 years old or the crimes is reported to law enforcement, whichever happens first. Other felonies have a statute of limitations that varies between five and six years.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: N.M. Stat. §§ 30-9-11 30-9-13 (2019) In New Mexico, a person who is 18 years old or older is prohibited from having sexual intercourse with anyone under the age of seventeen who is at least 4 years younger whom they are not married to. If the offender is a school employee, then the age of consent is raised to 18 year old.

Age: 17

Child Abuse Reporting

Statutes and Regulations: N.Y. Soc. Serv. Law §§ 412 through (2019)

Who Must Report: New York statutes provide a list of mandated reporters which includes medical personnel, mental health providers, social workers, childcare providers, camps, school employees, and law enforcement. Please refer to N.Y. Soc. Serv. Law § 413 for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, mental abuse, sexual abuse, or neglect.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor and civil liability

State Resource Link: https://ocfs.ny.gov/main/cps/

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: N.Y. Crim. Proc. Law § 30.10 (2019)

Felonies: First degree rape, first degree aggravated sexual abuse, or first degree sexual conduct against a child may be commenced at any time and do not have a statute of limitations. A prosecution for any other felony must be commenced within five years after the commission of the crime.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: N.Y. Penal Law § 130.05, §§ 130.25 through 130.50. By law an individual under the age of 17 years of old is incapable of giving consent for sexual acts. The statutes define the degrees of the crime based on age of victim, age of offender, the difference in age, and relationship between the two.

Age: 17

Child Abuse Reporting

Statutes and Regulations: N.C. Gen Stat. § 7B-101 (2019) // N.C. Gen Stat. §§ 7B-301 through 7B-310 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical abuse, mental abuse, neglect, or dependency by a parent, guardian, custodian, or caretaker. Human trafficking by anyone.

Legal Standard: Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.ncdhhs.gov/divisions/social-services/child-welfare-services/child-protective-services

Clergy Privilege: No. See N.C. Gen Stat. §§ 7B-310.

Statute of Limitations for Criminal Prosecution

Statutes: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).

Felonies: In North Carolina, felony crimes may be filed at any time and do not have
a statute of limitations.

Misdemeanors: Two years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: N.C. Gen Stat. §§ 14-27.23 through 14-32. (2019). In North Carolina, it is illegal for an individual to engage in sexual intercourse with an individual under the age of 16. A close in age exemption exists of four years. A school employee is prohibited from having sexual contact with any student at the school, and a person acting in the role of parent is prohibited from engaging in sexual conduct with their child.

Age: 16

Child Abuse Reporting

Statutes and Regulations: N.D. Cent. Code §§ 50-25.1.02 through (2019)

Who Must Report: North Dakota statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to N.D. Cent. Code §§ 50-25.1.03(1) for the complete list of mandated reporters. Everyone who has knowledge based on images of sexual conduct by a child discovered on a workplace computer.

What Must Be Reported: Physical abuse, mental abuse, or neglect by one responsible for child’s welfare (parent, guardian, foster parent, school employee, child care facility employee, or person responsible for care in residential setting) Sexual abuse committed by anyone.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.nd.gov/dhs/services/childfamily/cps/#mandating

Clergy Privilege: Yes. Members of the clergy are “not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of spiritual adviser.” See N.D. Cent. Code § 50-25.1-03(1).

Statute of Limitations for Criminal Prosecution

Statutes: N.D. Cent. Code §§ 29-04-02 through 29-04-03.1 (2019)

Felonies: In North Dakota, crimes of gross sexual imposition or human trafficking have a seven year statute of limitations. Prosecutions of sex crimes against minors have a ten-year statute of limitations, but if the minor victim did not report then it is three years from the report date. All other felonies have a statute of limitations of three years.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: N.D. Cent. Code §§ 12.1-2—01 though 12.1-20-08 (2019). In North Dakota, it is illegal to have sexual contact with a person under the age of 18. There is a close in age exemption of three years, but this does not apply if the offender is an adult or is in a parental role.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Ohio Rev. Code Ann. §§ 2151.011 through 2151.05 (2019) // Ohio Rev. Code Ann. §§ 2151.421 (2019)

Who Must Report: Ohio statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, camp employees, person, other than a cleric, rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion and law enforcement. Please refer to Ohio Rev. Code Ann. §§ 2151.421.

What Must Be Reported: Physical abuse or sexual abuse committed by anyone, and mental abuse or neglect by parent, guardian, or custodian. Abuse by clergy.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://jfs.ohio.gov/ocf/reportchildabuseandneglect.stm

Clergy Privilege: Yes. Members of the clergy are not mandated to report communication received as penitent within the “cleric-penitent relationship.” However, Members of the clergy shall make a report if all of the following apply “the penitent, at the time of the communication, is a child under eighteen years of age or is a person under twenty-one years of age with a developmental disability or physical impairment; the cleric knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, as a result of the communication or any observations made during that communication, the penitent has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the penitent; the abuse or neglect does not arise out of the penitent’s attempt to have an abortion performed upon a child under eighteen years of age or upon a person under twenty-one years of age with a developmental disability or physical impairment without the notification of her parents, guardian, or custodian.” See Ohio Rev. Code Ann. §§ 2151.421.

Statute of Limitations for Criminal Prosecution

Statutes: Ohio Rev. Code Ann. § 2901.13 (2019)

Felonies: For the crimes of rape and sexual battery, the statute of limitations is twenty-five years. For sexual conduct with a minor, other sex crimes, and gross sexual imposition, the statute of limitations is twenty years. When the victim is a minor the twenty years starts running when the victim turns 18 or from the point that authorities were notified. All other felonies have a statute of limitations of six years.

Misdemeanors: Six months to two years depending on seriousness of offense

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Ohio Rev. Code Ann. § 2907.04 (2019) In Ohio, it is illegal to have sexual intercourse with an individual under the age of 16. A close-in-age exemption exists allowing minors aged 13 and older to consent to an individual under the age of 18.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Okla. Stat Ann. tit. 10A § 1-1-105 (2019) // Okla. Stat Ann. tit. 10A §§ 1-2-101 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, or mental abuse or neglect by a person responsible for the child’s welfare—parent; legal guardian; custodian; foster parent; employee of a child care facility.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.ok.gov/health2/documents/Child%20Abuse%20Hotline%20Card%20English%202017.pdf

Clergy Privilege: No. Privilege does not relieve duty to report under this section.

Statute of Limitations for Criminal Prosecution

Statutes: Okla. Stat. tit. 22, § 152 (2019)

Felonies: Sex crimes perpetrated against children must be brought before the victim’s forty-fifth birthday. Sex crimes perpetrated against those over the age of 18 have a statute of limitations of twelve years from the time of notification to law enforcement.

Misdemeanors: Three years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Okla. Stat. tit. 21, §§ 1111 and 1112 (2019). In Oklahoma, it is illegal for an individual to have sexual intercourse with an individual under the age of 16. A close-in-age exemption allows minors over age 14 to consent to an individual younger than 18 years old. In addition, the age of consent raises to 18 years old if the offender is in a school supervisory role over the victim or is responsible for their welfare.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Or. Rev. Stat. §§ 419B.05 through 419B.010 (2019)

Who Must Report: Oregon statutes make all “public and private officials” mandated reporters. A list of public or private officials includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, coaches, camps and scouting programs, and law enforcement. Please refer to Or. Rev. Stat. § 419B.005 for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, sexual abuse, or mental abuse or neglect.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Class A Violation

State Resource Link: https://www.oregon.gov/DHS/ABUSE/Pages/mandatory_report.aspx/

Clergy Privilege: Yes. Members of the clergy are not required to report information that was communicated in a privileged capacity. See Or. Rev. Stat § 419B.010.

Statute of Limitations for Criminal Prosecution

Statutes: Or. Rev. Stat. §§ 131.125 (2019)

Felonies: The crimes of first degree rape, sodomy, first degree unlawful sexual penetration, and first-degree sex abuse have a statute of limitations of twelve years. However, if the victim was a minor at the time of the crime, the charges must be brought before the victim reaches the age of thirty. All of other sexual crimes have a statute of limitations of six years, except for when the victim was under the age of 18 at time of crime, the charges must be commenced by the victim’s thirtieth birthday or within twelve years of the report to law enforcement whichever occurs first.

Misdemeanors: Two years is the general statute of limitations for misdemeanors; however, misdemeanor abuse crimes against those under the age of eighteen, have a statute of limitations of either four years from the report to law enforcement of the victim’s twenty-second birthday whichever comes first.

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Or. Rev. Stat. §§163.315 through 163.375 (2019). In Oregon, it is illegal to have sexual contact with an individual under the age of 18. A close-in-age exemption allows minors to consent to an individual that is less than three years older.

Age: 18

Child Abuse Reporting

Statutes and Regulations: 23 Pa. Cons. Stat. §§ 6303 through 6319 (2019)

Who Must Report: Pennsylvania statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to 23 Pa. Cons. Stat. § 6311for the complete list of mandated reporters..

What Must Be Reported: Physical, mental, or sexual abuse, or neglect by a parent, spouse, former spouse of parent, paramour of parent, person 18 years old or older who is related, person engaged in trafficking, person 14 years old or older who resides in home, person 14 years old or older who is responsible for care of child or has direct contact through child care services, school, program, activity, or service.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Felony or Misdemeanor

State Resource Link: https://www.compass.state.pa.us/compass.web/Public/CMPHome/a>

Clergy Privilege: Yes. Confidential communications made to a member of the clergy are protected under 42 Pa. Cons. Stat. § 5943. See also 23 Pa. Cons. Stat. § 6311.1(b).

Statute of Limitations for Criminal Prosecution

Statutes: 42 Pa. Cons. Stat. § 5552 (2019)

Felonies: The statute of limitations for major sex offenses is twelve years. However, for sexual offenses committed against a minor, the charge may be filed up until the minor reaches the age of 50.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: 18 Pa. Cons. Stat. §§ 3121 through 31 (2019) // 18 Pa. Cons. Stat. § 6301(2019). In Pennsylvania, it is illegal to have sexual contact with an individual under the age of 16; however, there is a corruption of minors statute that sets the age at 18. So, the laws are in conflict. The laws may allow individuals aged 16 or 17 to consent to each other, but not to anyone 18 or older. Individuals between 13 and 15 may or may not be able to consent to someone less than four years older, because while they might not be affected by the statutory rape laws, they could be prosecuted under other statutes.

Age: 16 (possibly 18).

Child Abuse Reporting

Statutes and Regulations: R.I. Gen. Laws §§ 40-11-1 through 40-11-11 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, or mental abuse by a person responsible for child’s welfare includes parent, guardian, foster parent, or child care worker. Sexual abuse by employee, agent, contractor, or volunteer of an educational program.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://www.dcyf.ri.gov/child-protective-services/

Clergy Privilege: No. See R.I. Gen. Laws § 40-11-11.

Statute of Limitations for Criminal Prosecution

Statutes: R.I. Gen. Laws § 12-12-17 (2019)

Felonies: The crimes of rape, first-degree sexual assault, first-degree child molestation sexual assault, second-degree child molestation sexual assault, bigamy may be brought at any time and do not have a statute of limitations. Other felonies have a three years statute of limitations.

Misdemeanors: Three years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: R.I. Gen. Laws § 11-37-6 (2019). In Rhode Island, it is against the law to have sexual intercourse with an individual under the age of 16.

Age: 16

Child Abuse Reporting

Statutes and Regulations: S.C. Code Ann. §§ 63-7-20 through 63-7-310 (2019)

Who Must Report: South Carolina statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to S.C. Code Ann. §63-7-310 for the complete list of mandated reporters

What Must Be Reported: Physical, sexual, or mental abuse or neglect by a child’s “parent, guardian or other person responsible for his welfare” (includes an employee of a child day care facility), if child is a victim of trafficking.

Legal Standard: Reason to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://dss.sc.gov/abuseneglect/report-child-abuse-and-neglect/

Clergy Privilege: Yes. However, “a clergy member . . . must report in accordance with this sub-article except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege.” See S.C. Code Ann. § 19-11-90 and § 63-7-420.

Statute of Limitations for Criminal Prosecution

In South Carolina, there is no statute of limitations for criminal offenses.

Statutory Rape / Age of Consent

Statutes: S.C. Code Ann. § 16-3-655 (2019). In South Carolina, it is illegal to have sexual contact with an individual who is under the age of sixteen. There are no close- in-age exemptions at this time.

Age: 16

Child Abuse Reporting

Statutes and Regulations: S.D. Codified Laws §§ 26-8A-2 through 26-8A-8 (2019)

Who Must Report: South Dakota statutes provide a list of mandated reporters which includes medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to S.D. Codified Laws § 26-8A-3 for the complete list of mandated reporters.

What Must Be Reported: Physical or mental abuse or neglect by parent, guardian, or custodian. Sexual abuse by parent, guardian, custodian or other person responsible for child’s care.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://apps.sd.gov/SS60ReporterVideoTraining/Introduction.aspx

Clergy Privilege: The statutes do not address.

Statute of Limitations for Criminal Prosecution

Statutes: S.D. Codified Laws § 22-22-1 and § 23A-42-2 (2019)

Felonies: Charges for first and second degree rape may be commenced at any time and do not have a statute of limitations. For all other felonies, the statute of limitations is seven years. Specifically, for third and fourth degree rape, when the victim was a minor, the statute of limitations is seven years or before the victim turns twenty-five, whichever is later.

Misdemeanors: Seven years

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: S.D. Codified Laws §§ 22-22-1 through 22-22-7.3 (2019). In South Dakota, it is illegal to have sexual intercourse with an individual under the age of 16. There is no close-in-age exemption; however, the difference in age may affect the severity of the punishment.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Tenn. Code Ann. §§ 37-1-102 (2019) // Tenn. Code Ann. §§ 37-1-401 through 37-1-412 (2019) // Tenn. Code Ann. §§ 37-1-601 through 37-1-615 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, mental, or sexual abuse, or neglect by parent guardian or caretaker. Sexual abuse by anyone.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.tn.gov/dcs/program-areas/child-safety/reporting.html

Clergy Privilege: Yes. However, the privilege “shall not apply to any situation involving known or suspected child sexual abuse and shall not constitute grounds for failure to report as required by this part, failure to cooperate with the department in its activities pursuant to this part, or failure to give evidence in any judicial proceeding relating to child sexual abuse.” See Tenn. Code Ann. § 37-1-614.

Statute of Limitations for Criminal Prosecution

Statutes: Tenn. Code § 40-2-101 and § 40-2-102 (2019)

Felonies: The crime of aggravated rape has a statute of limitations of fifteen years. Other degrees of rape and aggravated sexual battery have a statute of limitations of eight years. As for sexual crimes perpetrated against minor victims, please see the statutes to determine the statute of limitations because the limitation varies based on when the crime was committed.

Misdemeanors: One year

DNA Exception: Possibly allowed by case law.

Statutory Rape / Age of Consent

Statutes: Tenn. Code §§ 39-13-501 through and §39-13-509 (2019). In Tennessee, it is illegal to have sexual intercourse with an individual under the age of 18. A close-in age-exemption exists which allows individuals between the ages of 13 and 18 years of age to consent in situations where the other person is less than 4 years older.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Tex. Fam. Code Ann. § 261-001 (2019) // Tex. Fam. Code Ann. §§ 261-101 through 261-109 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, mental, or sexual abuse or neglect.

Legal Standard: Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://www.dfps.state.tx.us/Contact_Us/report_abuse.asp

Clergy Privilege: No. “The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, . . . a member of the clergy.” See Tex. Fam. Code Ann. § 261.101(c).

Statute of Limitations for Criminal Prosecution

Statutes: Tex. Code Crim. Proc. art. 12.01 (2019)

Felonies: The crimes of felony aggravated sexual assault, continuous sexual abuse of child, indecency with a child, and trafficking may be commenced at any time and do not have a statute of limitations. For other sexual assaults there is a ten-year statute of limitations. There are a number of other charges that minors with varying statutes of limitations. General felonies have a three statute of limitations.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Tex. Penal. Code Ann. §§ 21.11 through 21.12 (2019). In Texas, it is illegal to engage in sexual contact with an individual under the age of 17. A close-in-age exemption exists that allows for minors to consent to sexual contact with someone that is no more than three years older than the victim.

Age: 17

Child Abuse Reporting

Statutes and Regulations: Utah Code Ann. §§ 62A-4a-402 through 411 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual, or mental abuse or neglect.

Legal Standard: Reasonable Cause to Believe

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://pcautah.org and https://dcfs.utah.gov/services/child-protective-services/

Clergy Privilege: Yes. The requirement to report “does not apply to a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if:

• (a) the perpetrator made the confession directly to the member of the clergy; and
• (b) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.” However, “when a member of the clergy receives information about abuse or neglect from any source other than confession of the perpetrator, the member of the clergy is required to report that information even though the member of the clergy may have also received information about abuse or neglect from the confession of the perpetrator.” In addition, even if the clergy member is exempt, it “does not exempt the member of the clergy from any other efforts required by law to prevent further abuse or neglect by the perpetrator.” See Utah Code Ann. § 62A-4a-403.

Statute of Limitations for Criminal Prosecution

Statutes: Utah Code Ann. §§ 76-1-301 through 76-1-302 (2019)

Felonies: The crimes of rape; rape of a child; object rape; object rape of a child; forc- ible sodomy; sodomy on a child; sexual abuse of a child; aggravated sexual abuse of a child; aggravated sexual assault; aggravated human trafficking or aggravated human smuggling may be commenced at any time and do not have a statute of limitations. For other felony abuse crimes, the statute of limitations varies from four years to eight years.

Misdemeanors: Two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Utah Code Ann. §§ 76-5-401 through 76-5-401.3 (2019). In Utah, it is illegal to have sexual intercourse with an individual under the age of 18. A close-in-age exemptions exists which allows for individuals who are 16 and 17 years old to consent in situations where the other person is less than 7 years older.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Vt. Stat. Ann. tit 33 §§ 4911 through 4913 (2019)

Who Must Report: Vermont statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, camp personnel, and law enforcement. Please refer to Vt. Stat. Ann. tit 33 § 4913 for the complete list of mandated reporters.

What Must Be Reported: Physical abuse, mental abuse, or neglect by parent or other person responsible for child’s welfare. Sexual abuse by any person.

Legal Standard: Reasonable Suspicion

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://dcf.vermont.gov/protection/reporting

Clergy Privilege: Yes. “A member of the clergy shall not be required to make a report under this section if the report would be based upon information received in a communication which is made to a member of the clergy acting in his or her capacity as spiritual advisor; intended by the parties to be confidential at the time the communication is made; intended by the communicant to be an act of contrition or a matter of conscience; and required to be confidential by religious law, doctrine, or tenet.” However, if a member of the clergy “receives information about abuse or neglect of a child in a manner other than as described [above], he or she is required to report on the basis of that information even though he or she may have also received a report of abuse or neglect about the same person or incident in the manner described [above].” Vt. Stat. Ann. tit 33 § 4913(j) and (k).

Statute of Limitations for Criminal Prosecution

Statutes: Vt. Stat. Ann. tit.13, § 4501 (2019)

Felonies: Charges for the crimes of aggravated sexual assault, aggravated sexual assault of a child, sexual assault, human trafficking, aggravated human trafficking may be commenced at any time and do not have a statute of limitations. For the crimes of lewd and lascivious conduct against a child and sexual exploitation of a minor, those charges have a statute of limitations of forty years. Most other felonies have a three- year statute of limitations.

Misdemeanors: Three years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Vt. Stat. Ann. tit.13, § 3252 (2019). In Vermont, it is illegal to engage in sexual acts with an individual who is under the age of 16. There are some exemptions to this based on age difference. The age of consent is raised to 18 years of age if the offender is related to or is in a position of authority over the victim.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Va. Code Ann. § 63.2-1501 (2019) // Va. Code Ann. §§ 63.2-1508 through 1510 (2019)

Who Must Report: Virginia statutes provide a list of mandated reporters which includes medical personnel, mental health providers, social workers, childcare provid- ers, school employees, coaches, camp personnel, and law enforcement. Please refer to Va. Code Ann. § 63.2-1509 for the complete list of mandated reporters.

Enacted 3/18/19: 19. Any minister, priest, rabbi, imam, or duly accredited practitioner of any religious organization or denomination usually referred to as a church as it relates to (i) information, unless the information supporting the suspicion of child abuse or neglect (i) is required by the doctrine of the religious organization or denomination to be kept in a confidential manner or (ii) information that would be subject to Section 8.01-400 or 19.2-271.3 if offered as evidence in court.

What Must Be Reported: Physical, sexual, or mental abuse or neglect by parent or other caretaker.

Legal Standard: Reason to Suspect

Penalty for Failure to Report: Fine of $500

State Resource Link: http://www.dss.virginia.gov/family/cps/index.cgi

Clergy Privilege: Yes. Members of the clergy not required to report if . . .

Statute of Limitations for Criminal Prosecution

Statutes: Va. Code § 19.2-8 (2019); Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004)

Felonies: In Virginia there is no statute of limitations for felonies.

Misdemeanors: One year

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Va. Code § 18.2-6; § 18.2-63; and § 18.2-371 (2019). In Virginia, it is illegal for an individual to “carnally know” or engage in sexual activity with an individual under the age of 18.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Wash. Rev. Code §§ 26.44.010 through 26.44.80 (2019)

Who Must Report: Washington statutes provide a list of mandated reporters which includes medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Wash. Rev. Code § 26.44.030 for the complete list of mandated reporters.

What Must Be Reported: Physical, mental, or sexual abuse or neglect by anyone.

Legal Standard: Reasonable Cause to Believe: By statute, reasonable cause to believe means “a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child.” Wash. Rev. Code § 26.44.030(1)(b) (iii).

Penalty for Failure to Report: Gross Misdemeanor

State Resource Link: https://www.dcyf.wa.gov/safety/report-abuse

Clergy Privilege: Yes. Members of the clergy are not subject to the reporting requirements of this statute. See State v. Motherwell, 788 P.2d 1066 (Wash. 1990).

Statute of Limitations for Criminal Prosecution

Statutes: Wash. Rev. Code § 9A.04.080 (2019)

Felonies: The crimes of indent liberties and some rapes have a statute of limitations of ten years (if rapes were reported within one year of the commission, otherwise only a three year statute of limitations). Many child sex crimes may be prosecuted up to the victim’s thirtieth birthday. Generally, the statute of limitations for felonies is three years.

Misdemeanors: One to two years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Wash. Rev. Code §§ 9A.44.073 through 9A.44.100 (2019). In Washington, it is illegal for an individual to engage in sexual activity with an individual under the age of 16. There is a close-in-age exemption if the offender is less than four years older than the victim.

Age: 16

Child Abuse Reporting

Statutes and Regulations: W. Va. Code Ann. §§ 49-2-801 through 49-2-812 (2019)

Who Must Report: West Virginia statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, camp personnel, and law enforcement. Please refer to W. Va. Code Ann. § 49-2-803 for the complete list of mandated reporters.

What Must Be Reported: Physical, mental, or sexual abuse or neglect.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: https://dhhr.wv.gov/bcf/Services/Pages/Centralized-Intake-for-Abuse-and-Neglect.aspx

Clergy Privilege: No. See W. Va. Code Ann. § 49-2-803.

Statute of Limitations for Criminal Prosecution

Case Law: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993)

Felonies: In West Virginia, felonies do not have a statute of limitations.

Misdemeanors: One year

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: W. Va. Code Ann. §§ 61-8B-2 through 61-8B-9 (2019). In West Virginia, an individual who is less than sixteen years old is incapable of giving consent. Therefore, it is illegal to engage in sexual activity with an individual who is under the age of 16. A close-in-age exemption exists if the as long the offender is not more than 4 years older.

Age: 16

Child Abuse Reporting

Statutes and Regulations: Wis. Stat. §§ 48.981 (2019)

Who Must Report: Wisconsin statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, and law enforcement. Please refer to Wis. Stat. § 48.981 for the complete list of mandated reporters.

What Must Be Reported: Physical, sexual, or mental abuse or neglect. Abuse of child by member of the clergy must be reported by members of the clergy pursuant to Wis. Stat. § 48.981(2)(bm).

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Fine or imprisonment

State Resource Link: https://dcf.wisconsin.gov/cps/mandatedreporters

Clergy Privilege: Yes. Members of the clergy are not subject to the requirements of the reporting statutes if the information was received “solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and, under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret.” See Wis. Stat. § 48.981(2)(bm)(3).

Statute of Limitations for Criminal Prosecution

Statutes: Wis. Stat. § 939.74 (2019)

Felonies: Charges for sexual assault and sexual assault of a child may be commenced at any time and do not have a statute of limitations. Other sexual crimes committed against minors must be commenced by the victim’s forty-fifth birthday. Other felonies have a six year statute of limitations.

Misdemeanors: Three years

DNA Exception: Yes

Statutory Rape / Age of Consent

Statutes: Wis. Stat. §§ 948.01 through 948.093 (2019). In Wisconsin, it is illegal to engage in sexual activity with an individual who is under the age of 18.

Age: 18

Child Abuse Reporting

Statutes and Regulations: Wyo. Stat. Ann. §§ 14-3-201 through 14-3-210 (2019)

Who Must Report: Everyone

What Must Be Reported: Physical, sexual or mental abuse or neglect.

Legal Standard: Reasonable Cause to Suspect

Penalty for Failure to Report: Misdemeanor

State Resource Link: http://dfsweb.wyo.gov/social-services/mandatory-reporting

Clergy Privilege: Yes. Members of the clergy are not required to report regarding information “concerning a confession made to him in his professional character if enjoined by the church to which he belongs.” Wyo. Stat. Ann. § 1-12-101 and § 14-3-210.

Statute of Limitations for Criminal Prosecution

Statutes: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012)

Felonies: In Wyoming, felonies do not have a statute of limitations.

Misdemeanors: None

DNA Exception: No

Statutory Rape / Age of Consent

Statutes: Wyo. Stat. Ann. §§ 6-2-303 through 6-2-317 (2019). In Wyoming, it is illegal to engage in sexual activity with an individual who is under the age of 17. The age of consent is raised to 18 years old if the offender is in a position of authority in relation to the victim.

Age: 17