Legislation
SECTION 130.43
Statute of limitations
Military (MIL) CHAPTER 36, ARTICLE 7, PART 7
§ 130.43. Statute of limitations. (a) A person charged with desertion
or absence without leave in time of war, or with aiding the enemy or
with mutiny may be tried and punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged
with desertion in time of peace or any of the offenses punishable under
sections 130.112 and 130.113 shall not be liable to be tried by
court-martial if the offense was committed more than three years before
the receipt of sworn charges and specifications by an officer exercising
summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this article, a person charged
with any offense shall not be liable to be tried by court-martial or
punished under section 130.15 if the offense was committed more than two
years before the receipt of sworn charges and specifications by an
officer exercising summary court-martial jurisdiction over the command
or before the imposition of punishment under section 130.15.
(d) Periods in which the accused was absent from territory in which
the state has the authority to apprehend him, or in the custody of civil
authorities, or in the hands of the enemy, shall be excluded in
computing the period of limitation prescribed in this section.
or absence without leave in time of war, or with aiding the enemy or
with mutiny may be tried and punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged
with desertion in time of peace or any of the offenses punishable under
sections 130.112 and 130.113 shall not be liable to be tried by
court-martial if the offense was committed more than three years before
the receipt of sworn charges and specifications by an officer exercising
summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this article, a person charged
with any offense shall not be liable to be tried by court-martial or
punished under section 130.15 if the offense was committed more than two
years before the receipt of sworn charges and specifications by an
officer exercising summary court-martial jurisdiction over the command
or before the imposition of punishment under section 130.15.
(d) Periods in which the accused was absent from territory in which
the state has the authority to apprehend him, or in the custody of civil
authorities, or in the hands of the enemy, shall be excluded in
computing the period of limitation prescribed in this section.