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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 10. Limitations of Actions
- Section 140. Disabilities of Minority and Incompetency.
previous: Section 130
. Effect of Absence From State or Concealment.
next: Section 150
. Death of a Party Before Expiration of Limitation Period. [Repealed, Sec. 5 Ch 78 SLA 1972].
AS 09.10.140. Disabilities of Minority and Incompetency.
- (a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at
the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental
illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the
time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the
action may be brought is not extended in any case longer than two years after the disability ceases.
- (b) An action based on a claim of sexual abuse under AS 09.55.650
that is subject to AS 09.10.065
(b) may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the
- (1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall
commence the action within three years after the plaintiff discovered or through use of reasonable diligence should
have discovered that the act caused the injury or condition;
- (2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff
shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence
should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an
assertion of more than one act of sexual abuse is not limited to plaintiff's first discovery of the relationship
between any one of those acts and the injury or condition, but may be based on plaintiff's discovery of the effect of
the series of acts.
- (c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time
period before the person's eighth birthday is not a part of the time limit imposed under AS 09.10.070
(a) for commencing the civil action.
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