§ 43 — Statute of limitations

Section 43. Article 43. Statute of limitations.(a) A person charged with absent without leave or missing movement may be tried and punished at any time without limitation.(b)(1) Except as otherwise provided in this article, a person charged with an offense shall not be liable to be tried by court-martial if the offense was committed more than 6 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.[ Paragraph (2) of subsection (b) effective until August 8, 2024. For text effective August 8, 2024, see below.](2) A person charged with an offense shall not be liable to be punished under article 15 if the offense was committed more than 2 years before the imposition of punishment.[ Paragraph (2) of subsection (b) as amended by 2024, 178, Sec. 22 effective August 8, 2024. For text effective until August 8, 2024, see above.](2) A person charged with an offense shall not be liable to be punished under article 15 if the Massachusetts National Guard knew, or reasonably should have known, of the offense more than 2 years before the imposition of punishment.(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 is absent from territory in which the United States has the authority to apprehend the accused, 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 article.(e) When the United States is at war or when the commander-in-chief declares a state of emergency in accordance with state law, the running of a statute of limitations applicable to any offense under this chapter is suspended until 3 years after the termination of hostilities as proclaimed by the president of the United States, by a joint resolution of congress or by the commander-in-chief for offenses:(1) involving fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;(2) 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) 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) 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 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications:(1) are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and(2) 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.