Statute of Limitations

Categories: Revenge Porn

File within two years to be safe.
The statute of limitations for distribution of private sexually explicit materials is an unsettled area of the law, and practice guides determine the statute of limitations for these claims as “unclear”.  See Cal. Prac. Guide Civ. Pro. Trial Claims and Def. Ch.2 XII (B).  An argument can be made that the statute of limitations for these claims is three years based on CCP §338(a), because it is a claim based on a particular statute that does not specify the statute of limitations.  However, it would be a better practice to bring this type claim within two years, in case the court applies the statute of limitations applicable to personal injury claims pursuant to CCP §335.1

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