
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC843]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 843. Art. 43. Statute of limitations

    (a) A person charged with absence without leave or missing movement 
in time of war, or with any 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 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).

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 99-661, div. A, title 
VIII, Sec. 805(a), (b), Nov. 14, 1986, 100 Stat. 3908.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
843(a)................................  50:618(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
843(b)................................  50:618(b).                            4
3), 64 Stat. 121.
843(c)................................  50:618(c).
843(d)................................  50:618(d).
843(e)................................  50:618(e).
843(f)................................  50:618(f).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the word ``inclusive'' is omitted as surplusage.
    In subsections (b) and (c), the words ``is not'' are substituted for 
the words ``shall not be''.
    In subsection (e), the words ``For an'' are substituted for the 
words ``In the case of any''. The word ``is'' is substituted for the 
words ``shall be''. The words ``Secretary concerned'' are substituted 
for the words ``Secretary of the Department''.
    In subsection (f), the word ``is'' is substituted for the words 
``shall be''.


                               Amendments

    1986--Subsecs. (a) to (c). Pub. L. 99-661, Sec. 805(a), amended 
subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to (c) 
read as follows:
    ``(a) A person charged with desertion or absence without leave in 
time of war, or with aiding the enemy, mutiny, or murder, may be tried 
and punished at any time without limitation.
    ``(b) Except as otherwise provided in this article, a person charged 
with desertion in time of peace or any of the offenses punishable under 
sections 919-932 of this title (articles 119-132) is not 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 is not liable to be tried by court-martial or punished 
under section 815 of this title (article 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 815 of this title (article 15).''
    Subsec. (g). Pub. L. 99-661, Sec. 805(b), added subsec. (g).


                    Effective Date of 1986 Amendment

    Section 805(c) of Pub. L. 99-661 provided that: ``The amendments 
made by this section [amending this section] shall apply to an offense 
committed on or after the date of the enactment of this Act [Nov. 14, 
1986].''

                  Section Referred to in Other Sections

    This section is referred to in section 803 of this title.
