12.135, 12.137 and 273.241; or ����� (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof, excepting an action mentioned in ORS 12.

12.135, 12.137 and 273.241; or

����� (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof, excepting an action mentioned in ORS 12.137;

shall be commenced within six years. [Amended by 1957 c.374 �3; 1961 c.726 �396; 1973 c.363 �1; 1983 c.437 �2; 1987 c.705 �3; 1991 c.968 �2]

����� 12.085 Action against garnishee. (1) Except as provided in subsection (2) of this section, proceedings against a garnishee under ORS 18.775 to 18.782 must be commenced within one year after the delivery of the writ of garnishment.

����� (2) If the writ of garnishment is delivered to a person in the person�s capacity as a personal representative of an estate, proceedings against the garnishee under ORS 18.775 to 18.782 must be commenced within one year after the entry of a judgment of final distribution for the estate. [1977 c.786 �3; 1981 c.883 �29; 2001 c.249 �66; 2003 c.85 �1; 2003 c.576 �279a]

����� 12.090 Accounts; accrual of cause of action. In an action to recover a balance due upon an account, the cause of action shall be deemed to have accrued from the time of the last charge or payment proved in the account. Interest, financing and carrying charges shall not be deemed such a charge. [Amended by 1973 c.204 �1]

����� 12.100 Action on official act or penalty. (1) An action against a sheriff or constable upon a liability incurred by the doing of an act in an official capacity and in virtue of the office of the sheriff or constable; or by the omission of an official duty, including the nonpayment of money collected upon an execution, but not including an action for an escape, shall be commenced within three years.

����� (2) An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state, excepting those actions mentioned in ORS 12.110, shall be commenced within three years. [Amended by 1957 c.374 �4; 1965 c.221 �10]

����� 12.110 Actions for certain injuries to person not arising on contract; action for overtime or premium pay; action for professional malpractice; effect of fraud or deceit; action for injuries to person arising from nuclear incident. (1) An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit.

����� (2) An action upon a statute for a forfeiture or penalty to the state or county shall be commenced within two years.

����� (3) An action for overtime or premium pay or for penalties or liquidated damages for failure to pay overtime or premium pay shall be commenced within two years.

����� (4) An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered.

����� (5) An action, arising from a nuclear incident, as defined in 42 U.S.C. 2014(q), that involves the release of radioactive material, excluding releases from acts of war, that causes bodily injury, sickness or death, shall be commenced:

����� (a) Within two years from the time an injured person discovers or reasonably could have discovered the injury and the causal connection between the injury and the nuclear incident; or

����� (b) Within two years from any substantial change in the degree of injury to the person arising out of a nuclear incident. [Amended by 1957 c.374 �1; 1967 c.406 �1; 1969 c.642 �1; 1971 c.473 �1; 1975 c.796 �10a; 1981 c.149 �1; 1987 c.705 �4]

����� 12.115 Action for negligent injury to person or property. (1) In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of.

����� (2) Nothing in this section shall be construed to extend any period of limitation otherwise established by law, including but not limited to the limitations established by ORS 12.110. [1967 c.406 �2]

����� 12.117 Actions based on child abuse. (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 child�s 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