39-6-36 - Desertion or absence without leave and other offenses -- Time limit on trial -- Tolling of time limits.
39-6-36. Desertion or absence without leave and other offenses -- Time limit ontrial -- Tolling of time limits.
(1) A person charged with desertion or absence without leave may be tried and punishedat any time, within four years after the preferral of charges.
(2) Except under Subsection (1), a person charged with any offense is not liable to betried by a military court or punished under Section 39-6-13 if the offense was committed morethan two years before the receipt of sworn charges and specifications by an officer exercisingjurisdiction as a military court convening authority.
(3) Periods when the accused was outside the state's jurisdiction to apprehend him, orwhen he is in the custody of civilian authorities, are excluded in computing limitations of timeunder this section.
Enacted by Chapter 210, 1988 General Session