§ 340.3.Damages Based On Defendant's Commission of Felony Offense

Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 2016 · Last verified July 28, 2026

In one sentenceSection 340.3 gives crime victims one year after judgment on the defendant’s felony conviction to sue for damages, extended to 10 years after the defendant’s parole discharge for a specified list of serious offenses unless the defendant has been rehabilitated, pardoned, or exonerated.

Full Text of § 340.3

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced.

(b)

(1) Notwithstanding subdivision (a), an action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted may be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal Code.

(2) No civil action may be commenced pursuant to paragraph (1) if any of the following applies:

(A) The defendant has received either a certificate of rehabilitation as provided in Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or a pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3 of the Penal Code.

(B) Following a conviction for murder or attempted murder, the defendant has been paroled based in whole or in part upon evidence presented to the Board of Prison Terms that the defendant committed the crime because he or she was the victim of intimate partner battering.

(C) The defendant was convicted of murder or attempted murder in the second degree in a trial at which substantial evidence was presented that the person committed the crime because he or she was a victim of intimate partner battering.

(D) The defendant was unlawfully imprisoned or restrained but has been released from prison after successfully prosecuting a writ of habeas corpus pursuant to Chapter 1 (commencing with Section 1473) of Title 12 of Part 2 of the Penal Code.

(c) If the sentence or judgment is stayed, the time for the commencement of the action shall be tolled until the stay is lifted. For purposes of this section, a judgment is not stayed if the judgment is appealed or the defendant is placed on probation.

(d)

(1) Subdivision (b) shall apply to any action commenced before, on, or after the effective date of this section, including any action otherwise barred by a limitation of time in effect prior to the effective date of this section, thereby reviving those causes of action that had lapsed or expired under the law in effect prior to the effective date of this section.

(2) Paragraph (1) does not apply to either of the following:

(A) Any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to January 1, 2003. For purposes of this section, termination of a prior action on the basis of the statute of limitations does not constitute a claim that has been litigated to finality on the merits.

(B) Any written, compromised settlement agreement that has been entered into between a plaintiff and a defendant if the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed the agreement.

(e) Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or settlement obtained pursuant to an action under this section shall be subject to the provisions of Section 13963 of the Government Code.

End

Plain-English Summary

Section 340.3 lets a crime victim sue a convicted defendant for damages tied to that felony conviction. The default period is short: one year after judgment is pronounced on the criminal conviction, unless some other statute gives a longer period for the specific action.

For a defined list of serious and violent offenses under Penal Code § 1192.7(c) — excluding voluntary manslaughter — subdivision (b) extends that considerably: the victim may sue within 10 years of the date the defendant is discharged from parole. That extension doesn’t apply if the defendant has since received a certificate of rehabilitation or a pardon, if the defendant was paroled or convicted in circumstances involving evidence of intimate partner battering (for a murder or attempted murder conviction), or if the defendant was released after successfully pursuing a habeas corpus writ.

The time for suing is tolled while the criminal sentence or judgment is stayed, though an appeal or a grant of probation doesn’t itself count as a stay. Subdivision (d) makes the 10-year parole-discharge extension apply retroactively, reviving claims that had already lapsed under prior law, except for claims already litigated to finality on the merits before January 1, 2003 or resolved by a written settlement where the plaintiff had counsel.

Frequently Asked Questions

How long does a crime victim have to sue a convicted defendant for damages in California?

Generally one year after judgment on the conviction under § 340.3(a), extended to 10 years after parole discharge for the serious and violent offenses listed in subdivision (b).

Does the 10-year extension in § 340.3 always apply?

No. It doesn’t apply if the defendant received a certificate of rehabilitation or a pardon, or in the intimate-partner-battering and successful-habeas-corpus circumstances subdivision (b)(2) describes.

Amendment History

Amended by Stats 2015 ch 465 (AB 538),s 1, eff. 1/1/2016. Amended by Stats 2005 ch 215 (AB 220),s 1, eff. 1/1/2006 Amended by Stats 2002 ch 633 (SB 1887),s 1, eff. 9/17/2002.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: California crime victim civil suit statute of limitations