2007 ORS 12.117¹
Actions based on child abuse

(1) Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract), 12.115 (Action for negligent injury to person or property) or 12.160 (Suspension for minors and persons who are insane), 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 (Contributing to the sexual delinquency of a minor) 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]

Notes of Decisions

Statute, as amended in 1991, applies to ac­tion based on child abuse filed after October 3, 1989, even if ac­tion was pre­vi­ously barred by ORS 12.110 (Actions for certain injuries to person not arising on contract) and 12.160 (Suspension for minors and persons who are insane) and such applica­tion does not violate Article III, sec­tion 1 of Oregon Constitu­tion. A.K.H. v. R.C.T., 312 Or 497, 822 P2d 135 (1991)

"Knowingly" does not prevent allega­tion that defendant allowed, permitted or encouraged child abuse through negligence. Lourim v. Swensen, 147 Or App 425, 936 P2d 1011 (1997), rev'd on other grounds, 328 Or 380, 977 P2d 1157 (1999)

"Knowingly" refers to actual knowledge only, not to constructive knowledge. Lourim v. Swensen, 147 Or App 425, 936 P2d 1011 (1997), rev'd on other grounds, 328 Or 380, 977 P2d 1157 (1999)

Ac­tion alleging liability for behavior preparatory to abuse is "based on con­duct that constitutes child abuse." Fearing v. Bucher, 328 Or 367, 977 P2d 1163 (1999); Lourim v. Swensen, 328 Or 380, 977 P2d 1157 (1999)

Law Review Cita­tions

85 OLR 481 (2006)

Chapter 12

Notes of Decisions

An ac­tion for per­sonal injuries caused by breach of implied warranty is clearly one for which "different limita­tion is prescribed by statute" under ORS 12.010 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)

1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­012.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­012ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.