Section 537.046

There are multiple enactments of 537.046

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2025, 2 histories, see footnote   

  537.046.  Childhood sexual abuse, injury or illness defined — action for damages may be brought, when — nondisclosure agreements unenforceable, when. — 1.  As used in this section, the following terms mean:

  (1)  "Childhood sexual abuse", any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067, 566.068, 566.069, 566.071, 566.083, 566.086, 566.093, 566.095, 566.100, 566.101, 566.209, 566.210, 566.211, 568.020, or 573.200;

  (2)  "Injury" or "illness", either a physical injury or illness or a psychological injury or illness.  A psychological injury or illness need not be accompanied by physical injury or illness.

  2.  Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.

  3.  This section shall apply to any action arising on or after August 28, 2025.

  4.  Notwithstanding any other provision of law to the contrary, a nondisclosure agreement by any party to a childhood sexual abuse action shall not be judicially enforceable in a dispute involving childhood sexual abuse allegations or claims, and shall be void.

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(L. 1990 H.B. 1370, et al. § 3, A.L. 2004 H.B. 1055 merged with H.B. 1453 merged with S.B. 1211, A.L. 2025 H.B. 737 & 486 merged with S.B. 43 merged with S.B. 81 & 174)

CROSS REFERENCES:

Prosecution for sexual offense involving person seventeen or under to be commenced within twenty years of offense, 556.037

Statute of limitation in action for damages for sexual contact with person within third degree of consanguinity or affinity, 516.371

(2016) Section creates a cause of action only against the person who allegedly committed the abuse and does not provide a cause of action against non-perpetrators.  State ex rel. Heart of America v. McKenzie, 484 S.W.3d 320 (Mo.).