ARTICLE 43. Statute of limitations.

A. Except as otherwise provided in this section, a person charged with a military offense is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

B. A person accused of an offense is not liable to be punished under Section 815 of this title (Article 15) if the offense was committed more than two (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 section.

D. Periods in which the accused was absent from territory in which the State of Oklahoma has the authority to apprehend him or her, or in the custody of civil authorities, or on active duty within the meaning of Title 10 of the United States Code, or in the hands of the enemy, shall be excluded in computing the periods of limitation prescribed in this section.

E. When the United States is at war, the running of any statute of limitations applicable to any offense under the Oklahoma Uniform Code of Military Justice:

1. Involving fraud or attempted fraud against the United States, the State of Oklahoma, or any agency of the foregoing 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 the State of Oklahoma; 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 which 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,

is suspended until three (3) years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of Congress.

F. Defective or insufficient charges.

1. If 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 one hundred eighty (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 conditions specified in paragraph 2 of this subsection are met.

2. The conditions referred to in paragraph 1 of this subsection are that the new charges and specifications shall:

a.be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty (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).

G. A person charged with fraudulent enlistment or fraudulent appointment under Section 904A of this title (Article 104A) 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 (5) years, whichever provides a longer period; and

2. In the case of an officer, during the period of the appointment or five (5) years, whichever provides a longer period.

H. If deoxyribonucleic acid (DNA) testing implicates an identified person in the commission of an offense punishable by confinement for more than one (1) 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.

Added by Laws 2019, c. 408, § 50, eff. Oct. 1, 2019.