Section 130.43. Statute of limitations  


Latest version.
  • (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.