(1) Notwithstanding ORS 12.110, 12.115 or 12.160: (a) An action based on conduct that constitutes child abuse or conduct allowing, permitting or encouraging child abuse that occurs while the person is under 18 years of age must be commenced before the person attains 40 years of age, or if the person has not discovered the causal connection between the injury and the child abuse, nor in the exercise of reasonable care should have discovered the causal connection between the injury and the child abuse, not more than five years from the date the person discovers or in the exercise of reasonable care should have discovered the causal connection between the child abuse and the injury, whichever period is longer. (b) An action based on child sexual abuse or conduct allowing, permitting or encouraging child sexual abuse may be commenced at any time. (2) As used in this section: (a) Child abuse means intentional conduct by an adult that results in: (A) Any physical injury to a child; or (B) Any mental injury to a child which results in observable and substantial impairment of the childs mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child. (b) Child sexual abuse means: (A) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163; (B) Sexual abuse, as defined in ORS chapter 163, when the victim is a child; or (C) Sexual exploitation of a child, including but not limited to: (i) Conduct constituting violation of ORS 163.435 and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact; and (ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution or commercial sexual solicitation, as those acts are defined in ORS 167.007 and 167.008. (3) Nothing in this section creates a new cause of action or enlarges any existing cause of action.
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