Legislation

Search OpenLegislation Statutes

This entry was published on 2024-02-02
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 213-C
Action by victim of conduct constituting certain sexual offenses
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
* § 213-c. Action by victim of conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in this
article, except as provided in subdivision (b) of section two hundred
eight of this article, all civil claims or causes of action brought by
any person for physical, psychological or other injury or condition
suffered by such person as a result of conduct which would constitute
rape in the first degree as defined in section 130.35 of the penal law,
or rape in the second degree as defined in subdivision two of section
130.30 of the penal law, or rape in the third degree as defined in
subdivision one or three of section 130.25 of the penal law, or criminal
sexual act in the first degree as defined in section 130.50 of the penal
law, or criminal sexual act in the second degree as defined in
subdivision two of section 130.45 of the penal law, or criminal sexual
act in the third degree as defined in subdivision one or three of
section 130.40 of the penal law, or incest in the first degree as
defined in section 255.27 of the penal law, or incest in the second
degree as defined in section 255.26 of the penal law (where the crime
committed is rape in the second degree as defined in subdivision two of
section 130.30 of the penal law or criminal sexual act in the second
degree as defined in subdivision two of section 130.45), or aggravated
sexual abuse in the first degree as defined in section 130.70 of the
penal law, or course of sexual conduct against a child in the first
degree as defined in section 130.75 of the penal law may be brought
against any party whose intentional or negligent acts or omissions are
alleged to have resulted in the commission of the said conduct, within
twenty years. Nothing in this section shall be construed to require that
a criminal charge be brought or a criminal conviction be obtained as a
condition of bringing a civil cause of action or receiving a civil
judgment pursuant to this section or be construed to require that any of
the rules governing a criminal proceeding be applicable to any such
civil action.

* NB Effective until September 1, 2024

* § 213-c. Action by victim of conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in this
article, except as provided in subdivision (b) of section two hundred
eight of this article, all civil claims or causes of action brought by
any person for physical, psychological or other injury or condition
suffered by such person as a result of conduct which would constitute
rape in the first degree as defined in section 130.35 of the penal law,
or rape in the second degree as defined in subdivision four, five or six
of section 130.30 of the penal law, or rape in the second degree as
defined in former subdivision two of section 130.30 of the penal law, or
rape in the third degree as defined in subdivision one, two, three,
seven, eight or nine of section 130.25 of the penal law, or a crime
formerly defined in section 130.50 of the penal law, or a crime formerly
defined in subdivision two of section 130.45 of the penal law, or a
crime formerly defined in subdivision one or three of section 130.40 of
the penal law, or incest in the first degree as defined in section
255.27 of the penal law, or incest in the second degree as defined in
section 255.26 of the penal law (where the crime committed is rape in
the second degree as defined in subdivision four, five or six of section
130.30 of the penal law, or rape in the second degree as formerly
defined in subdivision two of section 130.30 of the penal law, or a
crime formerly defined in subdivision two of section 130.45 of the penal
law), or aggravated sexual abuse in the first degree as defined in
section 130.70 of the penal law, or course of sexual conduct against a
child in the first degree as defined in section 130.75 of the penal law
may be brought against any party whose intentional or negligent acts or
omissions are alleged to have resulted in the commission of the said
conduct, within twenty years. Nothing in this section shall be construed
to require that a criminal charge be brought or a criminal conviction be
obtained as a condition of bringing a civil cause of action or receiving
a civil judgment pursuant to this section or be construed to require
that any of the rules governing a criminal proceeding be applicable to
any such civil action.

* NB Effective September 1, 2024