New York § 130.43 Statute of limitations

New York Statutes

§ 130.43 — Statute of limitations

New York § 130.43

Law MILMilitary

Part 7Trial Procedure

Art. 7Code of Military Justice

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Bluebook

N.Y. Military § 130.43 (2026).

Text

§ 130.43. Statute of limitations.

(a)A person charged with desertion\nor absence without leave in time of war, or with aiding the enemy or\nwith mutiny may be tried and punished at any time without limitation.\n (b) Except as otherwise provided in this section, a person charged\nwith desertion in time of peace or any of the offenses punishable under\nsections 130.112 and 130.113 shall not be liable to be tried by\ncourt-martial if the offense was committed more than three years before\nthe receipt of sworn charges and specifications by an officer exercising\nsummary court-martial jurisdiction over the command.\n (c) Except as otherwise provided in this article, a person charged\nwith any offense shall not be liable to be tried by court-martial or\npunished under section 130.15 if the

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§ 130.43. Statute of limitations. (a) A person charged with desertion\nor absence without leave in time of war, or with aiding the enemy or\nwith mutiny may be tried and punished at any time without limitation.\n (b) Except as otherwise provided in this section, a person charged\nwith desertion in time of peace or any of the offenses punishable under\nsections 130.112 and 130.113 shall not be liable to be tried by\ncourt-martial if the offense was committed more than three years before\nthe receipt of sworn charges and specifications by an officer exercising\nsummary court-martial jurisdiction over the command.\n (c) Except as otherwise provided in this article, a person charged\nwith any offense shall not be liable to be tried by court-martial or\npunished under section 130.15 if the offense was committed more than two\nyears before the receipt of sworn charges and specifications by an\nofficer exercising summary court-martial jurisdiction over the command\nor before the imposition of punishment under section 130.15.\n (d) Periods in which the accused was absent from territory in which\nthe state has the authority to apprehend him, or in the custody of civil\nauthorities, or in the hands of the enemy, shall be excluded in\ncomputing the period of limitation prescribed in this section.\n