"Statute of Limitations" is a term used by courts to describe the maximum amount of time plaintiffs can wait before bringing a lawsuit after the events they are suing over have occurred. This time limit is typically set by state statute and is intended to promote fairness and keep old cases from clogging the courts. Generally speaking, the limitations period for intrusion claims begins to run on the date when the intrusion occurred.
Each state sets it own time limits for bringing a lawsuit and a court will typically apply the appropriate statute of limitations of the state in which the suit is filed. A relatively short limitations period is an acknowledgment of the importance of free speech principles, since a short time period reduces the potential chilling effects of speech-challenging lawsuits.
Because each state has its own statute of limitations for intrusion claims, which vary between one and four years, you should refer to the state sections listed below to find out what the specific statute of limitations is in your state. (Note that the guide does not include every state at this time.)
The statute of limitations for intrusion claims in California is 2 years. Cal. Civ. Proc. Code Section 335.1.
California courts at one time applied a one-year limitations period for injury to persons, but in 2002, California updated its statute of limitations and increased the time period allowed for injury to persons to two years. Therefore, a 2 year statute of limitations will apply for invasion of privacy lawsuits, such as intrusion.
The statute of limitations for intrusion claims in Washington D.C is 1 year. See Doe v. Southeastern Univ., 732 F. Supp. 7 (D.D.C. 1990).
The statute of limitations for intrusion cases in Florida is 4 years. See Fla. Stat. 95.11 (3)(g) & 95.11(3)(o).
The statute of limitations for intrusion claims in Georgia is 2 years. See Ga. Code Ann. ยง 9-3-33.
The statute of limitations for intrusion claims in Illinois is 1 year. See 735 ILCS 5/13-201. Intrusion claims are governed by the same limitation period that is used for libel, slander and defamation actions.
The statute of limitations for intrusion claims in Indiana is 2 years. Although there is no specific statute on point, Indiana uses the same limitations period for intrusion as it does for actions for injuries to persons. See Ind. Code 34-11-2-4.
The statute of limitations for intrusion cases in Massachusetts is 3 years. Because there is no specific statute on point, Massachusetts uses the same limitations period for intrusion as it does for libel, slander and defamation suits, which is 3 years. See M.G.L. c. 260 Sec. 2A.
The statute of limitations for intrusion cases in Michigan is most likely 3 years. There is no specific statute governing the limitation period for a right to privacy suit. It is likely that courts would not apply the 1 year statute of limitations for libel. See Mich. Comp. Laws 600.5805(9). Rather, a court would likely apply the general 3 year statute of limitations for injury to person or property when reviewing an intrusion claim. See Mich. Comp. Laws 600.5805(10).
The statute of limitations for intrusion claims in New Jersey is 2 years. See N.J. Stat. Ann. 2A:14-2.
The state of New York does not recognize intrusion upon seclusion claims, so no statute of limitations is relevant. See Howell v. New York Post Co., 612 N.E.2d 699, 703 (N.Y. 1993).
The statute of limitations for intrusion claims in North Carolina is either 1 or 3 years. Because there is no specific statute on point, North Carolina courts would either use the same limitations period for intrusion as they do for libel, slander and defamation suits (1 year), see N.C. Gen. Stat. 1-54(3), or the general (3 year) catch-all statute of limitations for claims that are not specified elsewhere, see N.C. Gen. Stat. 1-52(5).
The statute of limitations for intrusion claims in Ohio is 4 years. See Ohio Rev. Code 2305.09 (D).
The statute of limitations for intrusion claims in Pennsylvania is 1 year. See 42 PA C.S.A 5523(1).
The statute of limitations for intrusion claims in Texas is 2 years. See Texas Civil Practice & Remedies Code 16.003.
Courts in Virginia do not recognize intrusion claims, see WJLA-TV v. Levin, 564 S.E.2d 383, 395 n.5 (2002), therefore the statute of limitations is inapplicable.
It is not clear what the statute of limitations is for intrusion in Washington because courts in Washington only recently recognized intrusion claims. For defamation and false light invasion of privacy cases, the statute of limitations is 2 years. See RCW 4.16.100(1). At least one source indicates that courts will likely apply this 2 year statute of limitations to intrusion claims as well. See Media Law Resource Center, 50-State Survey 2007-2008: Media Privacy and Related Law (2008). If this is not the case, the statute of limitations is likely the 3 year period applied to other torts. See RCW 4.16.080.