Md. Code Ann., Cts. & Jud. Proc. § 5-117
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2026
As of January 1, 2019
(a) (1) In this section the following words have the meanings indicated.
(2) “Alleged perpetrator” means the individual alleged to have committed the specific incident or incidents of sexual abuse that serve as the basis of an action under this section.
(3) “Sexual abuse” has the meaning stated in § 5–701 of the Family Law Article.
(b) An action for damages arising out of an alleged incident or incidents of sexual abuse that occurred while the victim was a minor shall be filed:
(1) At any time before the victim reaches the age of majority; or
(2) Subject to subsections (c) and (d) of this section, within the later of:
(i) 20 years after the date that the victim reaches the age of majority; or
(ii) 3 years after the date that the defendant is convicted of a crime relating to the alleged incident or incidents under:
1. § 3–602 of the Criminal Law Article; or
2. The laws of another state or the United States that would be a crime under § 3–602 of the Criminal Law Article.
(c) In an action brought under this section more than 7 years after the victim reaches the age of majority, damages may be awarded against a person or governmental entity that is not the alleged perpetrator of the sexual abuse only if:
(1) The person or governmental entity owed a duty of care to the victim;
(2) The person or governmental entity employed the alleged perpetrator or exercised some degree of responsibility or control over the alleged perpetrator; and
(3) There is a finding of gross negligence on the part of the person or governmental entity.
(a) In this section, “sexual abuse” means any act that involves:
(1) An adult allowing or encouraging a child to engage in:
(i) Obscene photography, films, poses, or similar activity;
(ii) Pornographic photography, films, poses, or similar activity; or
(iii) Prostitution;
(2) Incest;
(3) Rape;
(4) Sexual offense in any degree; or
(5) Any other sexual conduct that is a crime.
(b) Except as provided under subsection (d) of this section and notwithstanding any time limitation under a statute of limitations, a statute of repose, the Maryland Tort Claims Act, the Local Government Tort Claims Act, or any other law, an action for damages arising out of a claim or claims of sexual abuse that occurred while the victim was a minor may be filed at any time.
(c) Except as provided in §§ 5–303 and 5–518 of this title and § 12–104 of the State Government Article, the total amount of noneconomic damages that may be awarded under this section to a single claimant in an action against a single defendant for injuries arising from a claim or claims that would have been barred by a time limitation before October 1, 2023, may not exceed:
(1) For an action filed on or before May 31, 2025, $1,500,000; and
(2) For an action filed on or after June 1, 2025, $700,000.
(d) No action for damages that would have been barred by a time limitation before October 1, 2023, may be brought under this section if the alleged victim of abuse is deceased at the commencement of the action.
(e) In any action for damages filed on or after June 1, 2025, arising out of a claim or claims of sexual abuse that occurred while the claimant was a minor, counsel may not charge or receive fees that exceed: (1) 20% of the settlement; or (2) 25% of the judgment.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.