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§ 354.8.Actions to Be Commenced Within 10 Years

Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 2015 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 354.8 gives a ten-year window to sue for assault, battery, or wrongful death arising from torture, genocide, war crimes, extrajudicial killing, or crimes against humanity, and for related property or insurance claims, for conduct occurring on or after January 1, 2016.

Full Text of § 354.8

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

(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years:
(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:
(A) An act of torture, as described in Section 206 of the Penal Code.
(B) An act of genocide, as described in Section of Title 18 of the United States Code1091(a).
(C) A war crime, as defined in Section of Title 18 of the United States Code2441.
(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(E)
(i) Crimes against humanity.
(ii) For purposes of this paragraph, "crimes against humanity" means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack:
(I) Murder.
(II) Extermination.
(III) Enslavement.
(IV) Forcible transfer of population.
(V) Arbitrary detention.
(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds.
(VIII) Enforced disappearance of persons.
(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury.
(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(3) An action for the taking of property in violation of international law, in which either of the following apply:
(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state.
(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.
(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.
(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations.
(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state.
(d) A prevailing plaintiff may be awarded reasonable attorney's fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.
(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
End

Plain-English Summary

Section 354.8 sets a ten-year limitations period, longer than the ordinary one-year period for assault and battery under § 335.1, for claims arising from conduct that also amounts to torture, genocide, a war crime, an attempted extrajudicial killing, or one of the listed crimes against humanity such as enslavement, forced disappearance, or systematic persecution. Wrongful death claims arising from that same conduct, and claims for the taking of property in violation of international law under specified conditions, get the same ten-year period, as do insurance claims arising from any of those underlying acts.

The section overrides whatever shorter statute of limitations would otherwise apply, including § 335.1, and the action is not dismissed for missing that shorter deadline. It also disables the borrowing statute in § 361 when the unlawful conduct occurred, at least in part, within California, and it allows a prevailing plaintiff to recover reasonable attorney's fees and litigation costs.

This ten-year period applies only to actions concerning conduct that occurs on or after January 1, 2016 — it extends the limitations period forward rather than reviving older time-barred claims. The section is also severable.

Frequently Asked Questions

How long do I have to sue for injuries from torture or war crimes in California?

Section 354.8 gives ten years to commence an action for assault, battery, or wrongful death arising from conduct that also constitutes torture, genocide, a war crime, extrajudicial killing, or a listed crime against humanity.

Does § 354.8 apply to older incidents?

No. The section applies only to actions concerning conduct occurring on or after January 1, 2016.

Can a prevailing plaintiff recover attorney's fees under this section?

Yes. Section 354.8(d) allows a prevailing plaintiff to be awarded reasonable attorney's fees and litigation costs, including expert witness fees and expenses.

Does the foreign-jurisdiction time bar in § 361 apply to these claims?

Not if the unlawful act occurred, in whole or part, in California. Section 354.8(c) disables § 361 in that circumstance.

Amendment History

Added by Stats 2015 ch 474 (AB 15),s 2, eff. 1/1/2016.

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