48-2708. (KCMJ Art. 43) Statute of limitations.
48-2708
48-2708. (KCMJ Art. 43) Statute of limitations.(a) A person charged with sedition, mutiny, desertion or absence withoutleave in time of war or aiding a hostile forcemay be tried and punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged withdesertion or with the offense punishable under K.S.A. 48-3040 andamendments thereto is notliable to be tried by court-martial if the offense was committed more thanthree years before the receipt of sworn charges and specifications by anofficer exercising summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this section, a person charged withany offense is not liable to be tried by court-martial or punished underK.S.A. 48-2301 and amendments thereto if the offense was committed morethan two years before thereceipt of sworn charges and specifications by an officer exercisingsummary court-martial jurisdiction over the command or before theimposition of punishment under K.S.A. 48-2301 and amendments thereto.
(d) Periods in which the accused was absent from territory in which thestate has the authority to apprehend the accused, or inthe custody of civilauthorities, or in the hands of a hostile force, shall be excluded incomputing the period of limitation prescribed in this section.
History: L. 1972, ch. 203, § 48-2708;L. 1988, ch. 191, § 28; July 1.