Penal Code § 801.1 PC – Limitation Period for Sex Offenses

Under California Penal Code 801.1 PC, prosecutors must file charges for certain sex-related felonies:

1. By the victim’s 40th birthday, if the victim was under 18 years of age when the offense occurred; or,
2. Within 10 years of the offense, in cases involving adult victims.

There are two exceptions to the laws in Penal Code 801.1. Prosecutors can file charges of a sex crime, even after the time limitations within PC 801.1 have expired, if:

1. There is independent corroborating evidence, per Penal Code 803(f)(1); or,
2. The charges are filed in accordance with the DNA exception rule, per Penal Code 803(g).

Our California criminal defense attorneys will highlight the following in this article:

• 1. Limitation period for sex offenses
• 2. Where Penal Code 801.1 applies
• 3. Statute of limitations in California criminal cases
• 4. Exceptions to Penal Code 801.1
• 5. Additional resources

1. Limitation period for sex offenses

With the passage of California Senate Bill 813 that took effect in 2017, there is no statute of limitation for most serious sex crimes involving force or violence such as rape and lewd acts with a minor. That means that in most cases, victims can come forward – and prosecutors can press charges – no matter how much time has passed.

However, Penal Code 801.1 sets forth two specific limitation periods for specified sex offenses (enumerated in section 2 below). In these cases:

• Prosecutors must file charges before the victim’s 40th birthday, provided that the victim was under the age of 18 when the offense took place; and/or,
• Prosecutors must file charges before 10 years have passed from the date of the offense, for cases involving an adult victim.

(SB applies only to crimes that occurred on or after January 1, 2017 or for which the statute of limitations has not yet run by January 1, 2017.)¹

2. Where Penal Code 801.1 applies

California Penal Code 801.1(a) provides the 40th birthday limitation period for sex offenses when the victim was under the age of 18 when the offense was committed. This section specifically states that it applies to the following sex crime felonies:

• Rape, per Penal Code 261 PC, where the victim submits because they believe the alleged rapist is someone else;
• Sodomy, per Penal Code 286 PC, where no force, violence, or duress is used;
• Oral copulation, per Penal Code 287 PC, where no force, violence, or duress is used, where the victim submits because they believe the alleged rapist is someone else, or where the victim has a disorder preventing them from giving consent.
• Lewd acts with a minor child, per Penal Code 288 PC, and the child is 14 or 15.
• Forcible penetration with a foreign object, per Penal Code 289 PC, where the victim submits because they believe the alleged rapist is someone else, or the victim has a disorder preventing them from giving consent.

Penal Code 801.1(b) provides a 10-year limitation period for sex offenses involving adult victims. This statute of limitation applies to the above-listed sex crimes and to felony offenses listed in California Penal Code 290(c).

Penal Code 290 is California’s Sex Offender Registration Act. It includes such felonies as:

• Human trafficking, per PC 236.1;
• Child pornography, per PC 311.11; and
• Sexual battery, per PC 243.4.²

3. Statute of limitations in California criminal cases

California Penal Code 801.1 is an example of a “statute of limitations.”

A “statute of limitations,” also referred to as a “limitation period,” is a statute that defines the time limits within which the State of California can lawfully charge a person for a criminal offense.

Under Penal Code 801.1, prosecutors cannot file charges for certain sex offenses if the statutory limitation period expires.

Statute of limitations exist for both California criminal cases and civil cases.

4. Exceptions to Penal Code 801.1

There are two exceptions to PC 801.1. Prosecutors can file charges, even after the time limits within PC 801.1 have expired, if:

1. There is independent corroborating evidence, per PC 803(f)(1); or,
2. The DNA Exception rule applies, per PC 803(g).

Independent Corroborating Evidence – PC 803(f)(1)

^{Penal Code 803(f)(1) states that California may file charges of a sexual offense within one year after a person makes a report which alleges that, while a minor, she was the victim of “substantial sexual conduct.”3}

The following conditions must apply for PC 803(f)(1) to work:

• The limitations period within PC 801.1 has expired;
• An offense occurred that involved “substantial sexual conduct,” which includes sexual penetration by an unknown object;
• There is independent evidence, other than the opinion of a mental health professional, that corroborates the victim’s allegation; and,
• If the victim was 21 years of age or older at the time of the report, the independent evidence clearly corroborates the victim’s allegation.⁴

The DNA Exception Rule – PC 803(g)

The DNA exception rule applies in cases of sexual penetration by a foreign object when a person is deemed a suspect via DNA evidence.

If applicable, the rule allows the State to file a charge of a sexual offense within one year of the date in which the DNA evidence establishes a person as a suspect.⁵

The DNA rule will apply if the following conditions are met:

• The offense was committed prior to January 1, 2001, and DNA evidence collected was analyzed no later than January 1, 2004; or,
• The offense was committed on or after January 1, 2001, and DNA evidence collected was analyzed within two years of the offense.⁶

Additional resources

For additional information about California sexual assault laws and help for victims, refer to the following:

• Sexual Violence Resources – List by the California Attorney General of government agencies and other organizations providing information and support.
• California Coalition Against Sexual Assault (CALCASA) – Leading state advocacy group supporting victims and prevention. Key resource for education.
• California Victim Compensation Program – Provides financial assistance to victims of violent crime including sexual assault. State program.
• RAINN – National sexual assault hotline providing free, confidential support for survivors 24/7.
• Victims of Crime Resource Center – Provides information, assistance and referrals for victims of all types of crimes in California.

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