(1) Notwithstanding ORS 12.110, 12.115 or 12.160, an action based on conduct that constitutes child abuse or conduct knowingly allowing, permitting or encouraging child abuse accruing while the person who is entitled to bring the action is under 18 years of age shall be commenced not more than six years after that person attains 18 years of age, or if the injured person has not discovered the injury or the causal connection between the injury and the child abuse, nor in the exercise of reasonable care should have discovered the injury or the causal connection between the injury and the child abuse, not more than three years from the date the injured person discovers or in the exercise of reasonable care should have discovered the injury or the causal connection between the child abuse and the injury, whichever period is longer.
(2) As used in subsection (1) of this section, “child abuse” means any of the following:
(a) Intentional conduct by an adult that results in:
(A) Any physical injury to a child; or
(B) Any mental injury to a child which results in observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child;
(b) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163;
(c) Sexual abuse, as defined in ORS chapter 163, when the victim is a child; or
(d) Sexual exploitation of a child, including but not limited to:
(A) Conduct constituting violation of ORS 163.435 and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact; and
(B) Allowing, permitting, encouraging or hiring a child to engage in prostitution, as defined in ORS chapter 167.
(3) Nothing in this section creates a new cause of action or enlarges any existing cause of action. [1989 c.643 §§2,3; 1991 c.386 §4; 1991 c.932 §1; 1993 c.18 §5; 1993 c.296 §1; 1993 c.622 §2]Section: Previous 12.070 12.080 12.085 12.090 12.100 12.110 12.115 12.117 12.120 12.125 12.130 12.133 12.135 12.137 12.140 Next
Last modified: August 7, 2008