United States · Illinois limitation periods
What filing period applies to an Illinois childhood sexual abuse claim?
Section 13-202.2(f) permits a covered childhood sexual abuse claim to be commenced at any time. Its 2013 applicability condition preserves prior time bars. The current text also covers a Section 10-9 Criminal Code violation involving a minor. Do not apply the older twenty-year formula without checking the applicable statutory regime.
- Period
- Current anytime provision with historical applicability conditions
- Trigger
- The abuse, age, injury discovery and applicable amendment history
- Rule
- 735 ILCS 5/13-202.2
Current individual Section 13-202.2 text, source P.A. 104-159 effective January 1, 2026, reviewed. The source note is verified; original Act bytes are not claimed.
Source guide · No automated date
Which statutory regime and injury facts apply?
An anytime provision, historical applicability conditions and older discovery formulas cannot be reduced to one twenty-year interval.
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Which statutory regime and injury facts apply?
Establish whether the abuse occurred before age eighteen under subsection (a), or the claim concerns the stated Section 10-9 violation involving a minor.
Identify the acts, injury, discovery of the causal relationship, filing history and any period when the claim was already barred.
Read subsections (e) and (f) against the applicable amendment dates. Current text alone does not revive every historical barred claim.
735 ILCS 5/13-202.2Why does a twenty-year preset not answer this question?
- Establish whether the abuse occurred before age eighteen under subsection (a), or the claim concerns the stated Section 10-9 violation involving a minor.
- Identify the acts, injury, discovery of the causal relationship, filing history and any period when the claim was already barred.
- Read subsections (e) and (f) against the applicable amendment dates. Current text alone does not revive every historical barred claim.
- Subsection (f) supplies the current anytime rule with its stated 98th General Assembly applicability condition. Subsection (b) retains twenty-year formulas. Under (d), those periods do not begin before eighteen, or before removal of another legal disability present at eighteen. Establish the applicable regime before considering either formula.
- Commence the action through the applicable court procedure and preserve the evidence establishing the statutory classification and historical status.
No computed date is published. Establish the applicable statutory periods and then check their governing counting and closed-day provisions separately.
735 ILCS 5/13-202.2What distinguishes the relevant statutory branches?
Fictitious comparison. One covered claim was not barred when the 2013 amendment took effect. Another had already become barred. Identical birthdays do not establish identical applicability of subsection (f).
An anytime provision, historical applicability conditions and older discovery formulas cannot be reduced to one twenty-year interval.
Which qualifications change the filing period?
- Knowledge of abuse differs from injury discovery
- For subsection (b), awareness of the abuse alone does not establish discovery of the injury and causal relationship. The text requires both elements.
- Continuing acts by the same abuser
- Subsection (c) addresses a continuing series by the same abuser. Its discovery inquiry concerns the last act and injury caused by any act in that series.
- Coercion and concealment affect the older periods
- Subsection (d-1) excludes time involving threats, intimidation, manipulation, fraudulent concealment or fraud by the abuser or someone acting in the abuser’s interest from subsection (b) periods.
- The 2026 text includes the stated minor-trafficking claims
- The current source note identifies P.A. 104-159, effective January 1, 2026. The reference to Section 10-9 involving a minor is not a rule for every trafficking claim.
- This source guide computes no date and does not determine whether the required facts are established.
- Preserve the operative edition, actual documents and relevant court orders. Historical applicability requires its own review.
What must be completed and preserved?
Questions about 735 ILCS 5/13-202.2
What filing period applies to an Illinois childhood sexual abuse claim?
Is every historical childhood abuse claim now timely?
No. Subsection (f) expressly conditions the 2013 changes on the action not already being time-barred before that amendment’s effective date. Establish the claim’s historical status.
735 ILCS 5/13-202.2Does remembering an act establish injury discovery?
Not by itself under subsection (b). Establish discovery of the injury and its causal relationship to the abuse.
735 ILCS 5/13-202.2(b)Does this guide compute twenty years after my birthday?
No. Current and historical regimes require separate classification. A birthday-only result would conceal the anytime provision and its applicability conditions.
735 ILCS 5/13-202.2Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-202.2 | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |