Kansas § 48-2708 (KCMJ Art. 43) Statute of limitations

Kansas Statutes

§ 48-2708 — (KCMJ Art. 43) Statute of limitations

Kansas § 48-2708

Ch. 48MILITIA, DEFENSE AND PUBLIC SAFETY

Art. 27CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

This text of Kansas § 48-2708 ((KCMJ Art. 43) Statute of limitations) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 48-2708 (2026).

Text

(a)A person charged with sedition, mutiny, desertion, missing movement or absence without leave in time of war or aiding a hostile force may be punished at any time without limitation.

(b)Except as otherwise provided in this section, a person charged with any offense is not liable to be punished under K.S.A. 48-2301, and amendments thereto, if the offense was committed more than two years before the imposition of punishment under K.S.A. 48-2301, and amendments thereto, unless the commission of the offense was not immediately known and not readily discoverable, in which case the statute of limitations is two years from the discovery.

(c)Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in th

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(a) A person charged with sedition, mutiny, desertion, missing movement or absence without leave in time of war or aiding a hostile force may be punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged with any offense is not liable to be punished under K.S.A. 48-2301, and amendments thereto, if the offense was committed more than two years before the imposition of punishment under K.S.A. 48-2301, and amendments thereto, unless the commission of the offense was not immediately known and not readily discoverable, in which case the statute of limitations is two years from the discovery.
(c) 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.
(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of a hostile force, shall be excluded in computing the period of limitation prescribed in this section.
(e) When the United States is at war or the president of the United States has declared a national emergency, the running of any statute of limitations applicable to any offense under this code is suspended until three years after the termination of hostilities or national emergency as proclaimed by the president of the United States or by the joint resolution of the United States congress if the offense:
(1) Involves fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;
(2) was committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or
(3) was committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order that is connected with or related to the prosecution of the war or with any disposition of termination inventory by any war contractor or government agency.
(f) (1) Punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met and charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:
(A) Has expired; or
(B) will expire within 180 days after the date of dismissal of the charges and specifications.
(2) The conditions referred to in paragraph (1)(B) are that the new charges must:
(A) Be received by a commanding officer within 180 days after the dismissal of the charges or specifications; and
(B) allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.