Limitation on action - retroactive application

Colo. Rev. Stat. § 13-20-1203, under ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS.

Colo. Rev. Stat. § 13-20-1203

(1) Notwithstanding any other provision of law, a person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 2022, may bring an action pursuant to this part 12 at any time without limitation.

(2) A person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 1960, but before January 1, 2022, may bring an action pursuant to this part 12. An action described in this subsection (2) must be commenced before January 1, 2025.

Source: L. 2021: Entire part added, (SB 21-088), ch. 442, p. 2925, § 2, effective January 1, 2022.

ANNOTATION

This part 12 is unconstitutionally retrospective to the extent that it permits a victim to bring a claim for sexual misconduct based on conduct that predates the enactment of this part 12 and for which previously available causes of action were time-barred. Aurora Public Schools v. A.S., 2023 CO 39, 531 P.3d 1036.