Alaska Statutes
Article 2. Military Justice.
Sec. 26.05.535. Statute of limitations.

(a) A person charged with an offense under this chapter may not be tried or punished for the offense unless the person received sworn charges and specifications issued by an officer exercising court-martial jurisdiction over the command not later than three years after the commission of the offense or not later than two years after commission of the offense if the imposition of nonjudicial punishment is sought for the offense under the code of military justice.
(b) A period when the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation in this section.
(c) A period when the accused is absent from territory in which the proper authority has the ability to apprehend the accused, in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation in this section.
(d) When the United States is at war declared by the United States Congress or engaged in contingency operations ordered by the President of the United States, and those operations actually prevented the discovery of the offending behavior or the timely bringing of charges, as determined by a military judge at court-martial, the running of a period of limitation for an offense under this chapter is suspended until two years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the United States Congress if the offense
(1) involves fraud or attempted fraud against the United States, a state, or an agency of either, including a conspiracy to commit fraud;
(2) is committed in connection with the acquisition, care, handling, custody, control, or disposition of real or personal property of the United States or a state; or
(3) is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of a contract, subcontract, or purchase order that is connected with or related to the prosecution of the war, or with the disposition of inventory by a war contractor or government agency.
(e) 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;
(2) allege the same acts or omissions that were alleged in the dismissed charges or specifications or acts or omissions that were included in the dismissed charges or specifications.

Structure Alaska Statutes

Alaska Statutes

Title 26. Military Affairs, Veterans, Disasters, and Aerospace

Chapter 05. Code of Military Justice

Article 2. Military Justice.

Sec. 26.05.360. Regulations; adopting military justice procedures and nonjudicial punishment.

Sec. 26.05.365. Statement of policy on military justice.

Sec. 26.05.370. Persons subject to military courts; jurisdiction.

Sec. 26.05.375. Jurisdiction to try certain personnel.

Sec. 26.05.380. Territorial applicability.

Sec. 26.05.385. Judge advocates.

Sec. 26.05.390. Apprehension.

Sec. 26.05.395. Imposition of restraint.

Sec. 26.05.400. Restraint of persons charged with offenses.

Sec. 26.05.405. Place of confinement; reports and receiving of prisoners.

Sec. 26.05.410. Delivery of offenders to a civil authority.

Sec. 26.05.415. Courts-martial classified.

Sec. 26.05.420. Jurisdiction of courts-martial in general.

Sec. 26.05.425. Jurisdiction of a general court-martial.

Sec. 26.05.430. Jurisdiction of a special court-martial.

Sec. 26.05.435. Jurisdiction of a summary court-martial.

Sec. 26.05.440. Grand jury requirement.

Sec. 26.05.445. Venue for grand jury and court-martial.

Sec. 26.05.450. Who may convene a general court-martial.

Sec. 26.05.455. Who may convene a special court-martial.

Sec. 26.05.460. Who may convene a summary court-martial.

Sec. 26.05.465. Who may serve on courts-martial.

Sec. 26.05.470. Military judge of a general or special court-martial.

Sec. 26.05.475. Detail of trial counsel and defense counsel.

Sec. 26.05.480. Detail or employment of reporters and interpreters.

Sec. 26.05.485. Absent and additional members.

Sec. 26.05.490. Charges and specifications.

Sec. 26.05.495. Compulsory self-incrimination prohibited.

Sec. 26.05.500. Investigation; preliminary hearing.

Sec. 26.05.505. Forwarding of charges.

Sec. 26.05.510. Advice of judge advocate and reference for trial.

Sec. 26.05.515. Service of charges.

Sec. 26.05.520. Unlawfully influencing the action of a court.

Sec. 26.05.525. Continuances.

Sec. 26.05.530. Oaths or affirmations.

Sec. 26.05.535. Statute of limitations.

Sec. 26.05.540. Former jeopardy.

Sec. 26.05.545. Pleas of the accused.

Sec. 26.05.550. Subpoena; process of military courts.

Sec. 26.05.555. Contempt.

Sec. 26.05.560. Defense of insanity.

Sec. 26.05.565. Lack of mental capacity or mental responsibility; commitment of accused for examination and treatment.

Sec. 26.05.570. Voting and rulings.

Sec. 26.05.575. Number of votes required.

Sec. 26.05.580. Record of trial.

Sec. 26.05.585. Cruel and unusual punishments prohibited.

Sec. 26.05.590. Punishments; maximum limits.

Sec. 26.05.595. Deferment of sentences.

Sec. 26.05.600. Execution of confinement.

Sec. 26.05.605. Error of law; lesser included offense.

Sec. 26.05.610. Withdrawal of appeal.

Sec. 26.05.615. Appeal by the state.

Sec. 26.05.620. Vacation of suspension.

Sec. 26.05.625. Petition for a new trial.

Sec. 26.05.630. Restoration.

Sec. 26.05.635. Leave required to be taken pending review of court-martial convictions.

Sec. 26.05.640. Military Appeals Commission.

Sec. 26.05.645. Review by civilian court.

Sec. 26.05.650. Appellate and civilian counsel.

Sec. 26.05.655. Authority to administer oaths and act as notary public.

Sec. 26.05.660. Delegation by the governor.

Sec. 26.05.665. Military justice account.

Sec. 26.05.670. Payment, collection, and deposit of fines.

Sec. 26.05.675. Pay and allowances for court-martial duty.

Sec. 26.05.680. Uniformity of interpretation.

Sec. 26.05.685. Immunity for action of military courts.

Sec. 26.05.690. Principals.

Sec. 26.05.695. Accessory after the fact.

Sec. 26.05.697. Misprision of serious offense.

Sec. 26.05.700. Conviction of lesser included offense.

Sec. 26.05.705. Attempts.

Sec. 26.05.710. Conspiracy.

Sec. 26.05.715. Solicitation.

Sec. 26.05.720. Fraudulent enlistment, appointment, or separation.

Sec. 26.05.725. Unlawful enlistment, appointment, or separation.

Sec. 26.05.730. Desertion.

Sec. 26.05.735. Absence without leave.

Sec. 26.05.737. False or unauthorized pass offenses.

Sec. 26.05.740. Missing movement; jumping from vessel.

Sec. 26.05.745. Contempt toward officials.

Sec. 26.05.750. Disrespect toward superior commissioned officer.

Sec. 26.05.755. Assaulting or wilfully disobeying superior commissioned officer.

Sec. 26.05.760. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

Sec. 26.05.765. Failure to obey order or regulation.

Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty officer, agent, or official.

Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

Sec. 26.05.770. Cruelty and maltreatment.

Sec. 26.05.775. Mutiny or sedition.

Sec. 26.05.780. Resistance, flight, breach of arrest, and escape.

Sec. 26.05.785. Releasing prisoner without proper authority; drinking or using drugs with prisoner.

Sec. 26.05.790. Unlawful detention.

Sec. 26.05.793. Wrongful interference with adverse administrative proceeding.

Sec. 26.05.795. Noncompliance with procedural rules.

Sec. 26.05.796. Wrongful refusal to testify.

Sec. 26.05.798. Retaliation.

Sec. 26.05.800. Misbehavior before the enemy.

Sec. 26.05.805. Subordinate compelling surrender.

Sec. 26.05.810. Improper use of countersign.

Sec. 26.05.815. Forcing a safeguard.

Sec. 26.05.820. Captured or abandoned property.

Sec. 26.05.825. Aiding the enemy.

Sec. 26.05.830. Misconduct as prisoner.

Sec. 26.05.833. Offenses against correctional custody and restriction.

Sec. 26.05.835. False official statements or oaths.

Sec. 26.05.840. Military property; loss, damage, destruction, or wrongful disposition.

Sec. 26.05.845. Property other than military property; waste, spoilage, or destruction.

Sec. 26.05.850. Improper hazarding of vehicle, aircraft, or vessel.

Sec. 26.05.855. Drunken, impaired, or reckless operation of a vehicle, aircraft, or vessel.

Sec. 26.05.860. Drunkenness and other incapacitating offenses.

Sec. 26.05.865. Misbehavior of sentinel.

Sec. 26.05.867. Disrespect toward sentinel or lookout.

Sec. 26.05.870. Wrongful use or possession of controlled substances.

Sec. 26.05.875. Malingering.

Sec. 26.05.880. Riot or breach of peace.

Sec. 26.05.885. Provoking speeches or gestures.

Sec. 26.05.890. Sexual assault.

Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee by person in position of special trust.

Sec. 26.05.895. Stalking.

Sec. 26.05.897. Assault.

Sec. 26.05.900. Other sexual misconduct; indecent viewing, visual recording, or broadcasting.

Sec. 26.05.905. Larceny and wrongful appropriation.

Sec. 26.05.910. Forgery.

Sec. 26.05.913. Public records offenses.

Sec. 26.05.915. Making, drawing, or uttering check, draft, or order without sufficient funds.

Sec. 26.05.920. Perjury.

Sec. 26.05.925. Fraud against the government.

Sec. 26.05.930. Conduct unbecoming an officer.

Sec. 26.05.935. General article.

Sec. 26.05.940. Offenses concerning government computers.

Sec. 26.05.945. Breach of medical quarantine.