§15-1E-46 Statute of limitations. - West Virginia Statutes

§15-1E-46. Statute of limitations.
(a) A person subject to this article, charged with desertion or 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 section, a person subject to this part charged with desertion in time of peace or with the offense punishable under section one hundred eighteen of this article shall not be 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 section, a person subject to this article charged with any offense is not liable to be tried by court-martial or punished under section sixteen of this article, 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 sixteen of this article.

(d) Periods in which the accused was absent from territory in which the state 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 section.