10 U.S.C. § 843 : US Code - Section 843: Art. 43. Statute of limitations

Search 10 U.S.C. § 843 : US Code - Section 843: Art. 43. Statute of limitations

(a) A person charged with absence without leave or missing
movement in time of war, with murder or rape, or with any other
offense punishable by death, may be tried and punished at any time
without limitation.
(b)(1) Except as otherwise provided in this section (article), a
person charged with an offense is not liable to be tried by court-
martial if the offense was committed more than five years before
the receipt of sworn charges and specifications by an officer
exercising summary court-martial jurisdiction over the command.
(2)(A) A person charged with having committed a child abuse
offense against a child is liable to be tried by court-martial if
the sworn charges and specifications are received during the life
of the child or within five years after the date on which the
offense was committed, whichever provides a longer period, by an
officer exercising summary court-martial jurisdiction with respect
to that person.
(B) In subparagraph (A), the term "child abuse offense" means an
act that involves abuse of a person who has not attained the age of
16 years and constitutes any of the following offenses:
(i) Any offense in violation of section 920 of this title
(article 120).
(ii) Maiming in violation of section 924 of this title (article
124).
(iii) Sodomy in violation of section 925 of this title (article
125).
(iv) Aggravated assault or assault consummated by a battery in
violation of section 928 of this title (article 128).
(v) Kidnaping; (!1) indecent assault; (!1) assault with intent
to commit murder, voluntary manslaughter, rape, or sodomy, or
indecent acts or liberties with a child in violation of section
934 of this title (article 134).
(C) In subparagraph (A), the term "child abuse offense" includes
an act that involves abuse of a person who has not attained the age
of 18 years and would constitute an offense under chapter 110 or
117 of title 18 or under section 1591 of that title.
(3) A person charged with an offense is not liable to be punished
under section 815 of this title (article 15) if the offense was
committed more than two years before the imposition of punishment.
(c) Periods in which the accused is absent without authority or
fleeing from justice shall be excluded in computing the period of
limitation prescribed in this section (article).
(d) Periods in which the accused was absent from territory in
which the United States 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 article.
(e) For an offense the trial of which in time of war is certified
to the President by the Secretary concerned to be detrimental to
the prosecution of the war or inimical to the national security,
the period of limitation prescribed in this article is extended to
six months after the termination of hostilities as proclaimed by
the President or by a joint resolution of Congress.
(f) When the United States is at war, the running of any statute
of limitations applicable to any offense under this chapter -
(1) involving fraud or attempted fraud against the United
States or any agency thereof in any manner, whether by conspiracy
or not;
(2) committed in connection with the acquisition, care,
handling, custody, control, or disposition of any real or
personal property of the United States; or
(3) committed in connection with the negotiation, procurement,
award, performance, payment, interim financing, cancellation, or
other termination or settlement, of any contract, subcontract, or
purchase order which is connected with or related to the
prosecution of the war, or with any disposition of termination
inventory by any war contractor or Government agency;
is suspended until three years after the termination of hostilities
as proclaimed by the President or by a joint resolution of
Congress.
(g)(1) If charges or specifications are dismissed as defective or
insufficient for any cause and the period prescribed by the
applicable statute of limitations -
(A) has expired; or
(B) will expire within 180 days after the date of dismissal of
the charges and specifications,
trial and punishment under new charges and specifications are not
barred by the statute of limitations if the conditions specified in
paragraph (2) are met.
(2) The conditions referred to in paragraph (1) are that the new
charges and specifications must -
(A) be received by an officer exercising summary court-martial
jurisdiction over the command within 180 days after the dismissal
of the charges or specifications; and
(B) allege the same acts or omissions that were alleged in the
dismissed charges or specifications (or allege acts or omissions
that were included in the dismissed charges or specifications).