§ 29:143 — Article 43. Statute of limitations

§143. Article 43. Statute of limitations
A. A person charged with desertion, missing movement, 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 Article, a person charged with desertion in
time of peace or with the offense punishable under Article 131 or 132 of this Code is not
liable to be tried by court-martial if the offense was committed more than five 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 Article, a person charged with any offense
is not liable to be tried by court-martial or punished under Article 15 of this Code 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 Article 15 of this Code.
D.(1) 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.
(2) Periods in which the accused was absent from Louisiana or in the hands of the
enemy shall be excluded in computing the period of limitation prescribed in this Article.
E.(1) If charges or specifications are dismissed as defective or insufficient for any
cause and the period prescribed by the applicable statute of limitations has expired or will
expire within one hundred eighty days after date of dismissal of the charges and
specifications, trial and punishment under new charges and specifications are not banned by
the statute of limitations if the conditions in Paragraph (2) of this Subsection are met.
(2) In order to move forward with new charges and specifications after dismissal as
described in Paragraph (1) of this Subsection, the new charges and specifications must:
(a) Be received by an officer exercising summary court-martial jurisdiction over the
offenses within one hundred eighty days after dismissal of the charges and specifications; and
(b) Allege the same acts or omissions that were alleged in the dismissed charges or
specifications, or alleged acts or omissions that were included in the dismissed charges or
specifications.
F. A person charged with fraudulent enlistment or fraudulent appointment under
Article 83 of this Code 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.
G. 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.

Legislative History

Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.