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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 5225

Sec. 5225. STATUTE OF LIMITATIONS

588 words·~3 min read·/statute-compilations/comps-13740/sec-5225

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## SEC. 5225 STATUTE OF LIMITATIONS ###
(a)Increase in Period for Child Abuse Offenses Subsection (b)(2)(A) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking “five years” and inserting “ten years”. ###
(b)Increase in Period for Fraudulent Enlistment or Appointment Offenses Such section (article) is further amended by adding at the end the following new subsection: > > ### “(h) Fraudulent Enlistment or Appointment > > A person charged with fraudulent enlistment or fraudulent appointment under section 904a(1) of this title (article 104a(1)) 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.” > . ###
(c)DNA Evidence Such section (article), as amended by subsection
(b)of this section, is further amended by adding at the end the following new subsection: > > ### “(i) Dna Evidence > > 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.” > . ###
(d)Conforming Amendments Subsection (b)(2)(B) of such section (article) is amended by striking clauses
(i)through
(v)and inserting the following new clauses: > > ###### “(i) > > Any offense in violation of section 920, 920a, 920b, 920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130), unless the offense is covered by subsection (a). > > > ###### “(ii) > > Maiming in violation of section 928a of this title (article 128a). > > > ###### “(iii) > > Aggravated assault, assault consummated by a battery, or assault with intent to commit specified offenses in violation of section 928 of this title (article 128). > > > ###### “(iv) > > Kidnapping in violation of section 925 of this title (article 125).” > . ###
(e)Subsection Heading Amendments for Stylistic Consistency Such section (article) is further amended— ####
(1)in subsection (a), by inserting “No Limitation for Certain Offenses.—” after “(a)”; ####
(2)in subsection (b), by inserting “Five-year Limitation for Trial by Court-martial.—” after “(b)”; ####
(3)in subsection (c), by inserting “Tolling for Absence Without Leave or Flight From Justice.—” after “(c)”; ####
(4)in subsection (d), by inserting “Tolling for Absence From US or Military Jurisdiction.—” after “(d)”; ####
(5)in subsection (e), by inserting “Extension for Offenses in Time of War Detrimental to Prosecution of War.—” after “(e)”; ####
(6)in subsection (f), by inserting “Extension for Other Offenses in Time of War.—” after “(f)”; and ####
(7)in subsection (g), by inserting “Defective or Insufficient Charges.—” after “(g)”. ###
(f)Application **[**[10 U.S.C. 843 note](/us/usc/t10/s843)**]** The amendments made by subsections (a), (b), (c), and
(d)shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired.
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Sec. 5225
STATUTE OF LIMITATIONS
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