40.141. Time limitation to bring action--war time, certain offenses no limitation--computation. - Missouri Statutes

Time limitation to bring action--war time, certain offenses nolimitation--computation.

40.141. 1. A person charged with sedition, mutiny, oraiding a hostile force, or desertion or absence without leave intime of war may be tried and punished at any time withoutlimitation.

2. Except as otherwise provided in this section, a personcharged with desertion in time of peace or with the offensepunishable under section 40.398 is not liable to be tried bycourt-martial if the offense was committed more than three yearsbefore the receipt of sworn charges and specifications by anofficer exercising summary court-martial jurisdiction over thecommand.

3. Except as otherwise provided in this section, a personcharged with any offense is not liable to be tried bycourt-martial or punished under section 40.043 if the offense wascommitted more than two years before the receipt of sworn chargesand specifications by an officer exercising summary court-martialjurisdiction over the command or before the imposition ofpunishment under section 40.043.

4. Periods in which the accused was absent from territory inwhich the state has the authority to apprehend him, or in thecustody of civil authorities, or in the hands of a hostile force,shall be excluded in computing the period of limitationprescribed in this section.

(L. 1984 H.B. 1035 § 44)