RS 29:143

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RS 29:143

§143. Article 43. Statute of limitations

A. A person charged with desertion, missing movement, 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 Article, a person charged with desertion in time of peace or with the offense punishable under Article 131 or 132 of this Code 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.

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 Article 15 of this Code 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 Article 15 of this Code.

D.(1) 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 Article.

(2)Periods in which the accused was absent from Louisiana or in the hands of the enemy shall be excluded in computing the period of limitation prescribed in this Article.

E.(1) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within one hundred eighty days after date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not banned by the statute of limitations if the conditions in Paragraph

(2)of this Subsection are met.

(2)In order to move forward with new charges and specifications after dismissal as described in Paragraph

(1)of this Subsection, the new charges and specifications must:

(a)Be received by an officer exercising summary court-martial jurisdiction over the offenses within one hundred eighty days after dismissal of the charges and specifications; and

(b)Allege the same acts or omissions that were alleged in the dismissed charges or specifications, or alleged acts or omissions that were included in the dismissed charges or specifications.

F. A person charged with fraudulent enlistment or fraudulent appointment under Article 83 of this Code may be tried by court-martial if the sworn charges and specifications are received by an officer exercising summary court-martial jurisdiction with respect to that person as follows:

(1)In the case of an enlisted member, during the period of the enlistment or five years, whichever provides a longer period.

(2)In the case of an officer, during the period of the appointment or five years, whichever provides a longer period.

G. If DNA testing implicates an identified person in the commission of an offense punishable by confinement for more than one year, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.

Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.