§ 412.376 — Statute of limitations; computation and suspension of period of limitation

Nevada § 412.376

• Jurisdiction: Nevada
• Title 36: MILITARY AFFAIRS AND CIVIL EMERGENCIES
• Ch. 412: State

Text

1. A person 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.
2. Except as otherwise provided in this section, a person charged with desertion in time of peace or the offense punishable under NRS 412.554 , is not liable to be tried by court-martial if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
3. Except as otherwise provided in this section or title 15 of NRS, a person charged with any offense is not liable to be tried by court-martial or punished under NRS 412.286 to 412.302 , inclusive, if the offense was committed more than 3 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 NRS 412.286 to 412.302 , inclusive.
4. Periods in which the accused is absent without authority or fleeing from justice are excluded in computing the period of limitation prescribed in this section.
5. 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 the enemy, are excluded in computing the period of limitation prescribed in this section.
6. When the United States is at war, the running of any statute of limitations applicable to any offense under this Code:
(a) Involving fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;
(b) 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
(c) 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 which is connected with or related to the prosecution of war or with any disposition of termination inventory by any war contractor or government agency,
Ê is suspended until 2 years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the Congress of the United States.
7. 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 dismissal of the charges or specifications, trial and punishment under new charges and specification are not barred by the statute of limitations if the new charges and specifications:
(a) 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
(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.

Legislative History

(Added to NRS by 1967, 1322 ; A 2013, 1128 )