39A-5-109. Fraudulently obtained discharge -- Desertion -- Limitations -- Tolling of time limits.
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Effective 5/4/2022
39A-5-109. Fraudulently obtained discharge -- Desertion -- Limitations -- Tolling of time limits.
(1)An individual discharged from the National Guard who is later charged with having fraudulently obtained the discharge is subject to trial by a military court on that charge.
(2)After apprehension, the individual is subject to this chapter while in military custody for trial. Upon conviction of the charge the individual is subject to trial for all offenses under this chapter committed prior to the fraudulent discharge.
(3)An individual who has deserted from a military unit, which would subject the individual to the jurisdiction of this chapter, is not relieved from the jurisdiction of this chapter due to a separation from any later period of service.
(4)An individual charged with desertion or absence without leave shall be tried and punished within four years after the preferral of charges.
(5)Except under Subsection
(4), an individual charged with any offense may not be tried by a military court or punished under Section 39A-5-303 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising jurisdiction as a military court convening authority.
(6)Periods when the accused was outside the state's jurisdiction or in the custody of civilian authorities are excluded in computing limitations of time under this section.
Renumbered and Amended by Chapter 373 , 2022 General Session