Article 43. Statute of limitations.
(a) A person charged with absent without leave or missing movement may be tried and punished at any time without limitation.
(b)(1) Except as otherwise provided in this article, a person charged with an offense shall not be liable to be tried by court-martial if the offense was committed more than 6 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(2) A person charged with an offense shall not be liable to be punished under article 15 if the offense was committed more than 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 article.
(d) Periods in which the accused is absent from territory in which the United States has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(e) When the United States is at war or when the commander-in-chief declares a state of emergency in accordance with state law, the running of a statute of limitations applicable to any offense under this chapter is suspended until 3 years after the termination of hostilities as proclaimed by the president of the United States, by a joint resolution of congress or by the commander-in-chief for offenses:
(1) involving fraud or attempted fraud against the United States, any state or any agency of either 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 any state; 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 that 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.
(f) 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; and
(2) 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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 33a - Massachusetts Code of Military Justice
Section 2 - Persons Subject to This Code; Jurisdiction
Section 3 - Jurisdiction to Try Certain Personnel
Section 5 - Territorial Applicability of the Code
Section 9 - Imposition of Restraint
Section 10 - Restraint of Persons Charged With Offenses
Section 11 - Place of Confinement; Reports and Receiving of Prisoners
Section 12 - Confinement With Enemy Prisoners Prohibited
Section 13 - Punishment Prohibited Before Trial
Section 14 - Delivery of Offenders to Civil Authorities
Section 15 - Commanding Officer's Non-Judicial Punishment
Section 16 - Courts-Martial Classified
Section 17 - Jurisdiction of Courts-Martial in General
Section 18 - Jurisdiction of General Courts-Martial
Section 19 - Jurisdiction of Special Courts-Martial
Section 20 - Jurisdiction of Summary Courts-Martial
Section 22 - Who May Convene General Courts-Martial
Section 23 - Who May Convene Special Courts-Martial
Section 24 - Who May Convene Summary Courts-Martial
Section 25 - Who May Serve on Courts-Martial
Section 26 - Military Judge of a General or Special Court-Martial
Section 27 - Detail of Trial Counsel and Defense Counsel
Section 28 - Detail or Employment of Reporters and Interpreters
Section 29 - Absent and Additional Members
Section 30 - Charges and Specifications
Section 31 - Compulsory Self-Incrimination Prohibited
Section 33 - Forwarding of Charges
Section 34 - Advice of Judge Advocate and Reference for Trial
Section 35 - Service of Charges
Section 36 - Commander-in-Chief or the Adjutant General May Prescribe Rules
Section 37 - Unlawfully Influencing Action of Court
Section 38 - Duties of Trial Counsel and Defense Counsel
Section 42 - Oaths or Affirmations
Section 43 - Statute of Limitations
Section 45 - Pleas of the Accused
Section 46 - Opportunity to Obtain Witnesses and Other Evidence
Section 47 - Refusal to Appear or Testify
Section 50 - Admissibility of Records of Courts of Inquiry
Section 50a - Defense of Lack of Mental Responsibility
Section 51 - Voting and Rulings
Section 52 - Number of Votes Required
Section 53 - Court to Announce Action
Section 55 - Cruel and Unusual Punishments Prohibited
Section 57 - Effective Date of Sentences
Section 57a - Deferment of Sentences
Section 58 - Execution of Confinement
Section 58a - Sentences: Reduction in Enlisted Grade Upon Approval
Section 58b - Sentences: Forfeiture of Pay and Allowances During Confinement
Section 59 - Error of Law; Lesser Included Offense
Section 60 - Action by the Convening Authority
Section 61 - Withdrawal of Appeal
Section 62 - Appeal by the State
Section 64 - Review by the Senior Force Judge Advocate
Section 65 - Disposition of Records After Review by the Convening Authority
Section 67a - Review by State Appellate Authority
Section 70 - Appellate Counsel
Section 71 - Execution of Sentence; Suspension of Sentence
Section 72 - Vacation of Suspension
Section 73 - Petition for a New Trial
Section 74 - Remission and Suspension
Section 76 - Finality of Proceedings, Findings and Sentences
Section 76a - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions
Section 78 - Accessory After the Fact
Section 79 - Conviction of Lesser Included Offense
Section 83 - Fraudulent Enlistment, Appointment or Separation
Section 84 - Unlawful Enlistment, Appointment or Separation
Section 86 - Absence Without Leave
Section 88 - Contempt Toward Officials
Section 89 - Disrespect Toward Superior Commissioned Officer
Section 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer
Section 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer or Petty Officer
Section 92 - Failure to Obey Order or Regulation
Section 93 - Cruelty and Maltreatment
Section 94 - Mutiny or Sedition
Section 95 - Resistance, Flight, Breach of Arrest and Escape
Section 96 - Releasing Prisoner Without Proper Authority
Section 97 - Unlawful Detention
Section 98 - Noncompliance With Procedural Rules
Section 99 - Misbehavior Before the Enemy
Section 100 - Subordinate Compelling Surrender
Section 101 - Improper Use of Countersign
Section 102 - Forcing a Safeguard
Section 103 - Captured or Abandoned Property
Section 104 - Aiding the Enemy
Section 105 - Misconduct as Prisoner
Section 107 - False Official Statements
Section 108 - Loss, Damage, Destruction or Wrongful Disposition of Military Property
Section 109 - Waste, Spoilage or Destruction of Non-Military Property
Section 110 - Improper Hazarding of Vessel
Section 113 - Misbehavior of Sentinel
Section 116 - Riot or Breach of Peace
Section 117 - Provoking Speeches or Gestures
Section 132 - Frauds Against the Government
Section 133 - Conduct Unbecoming an Officer
Section 135 - Courts of Inquiry
Section 136 - Authority to Administer Oaths and to Act as Notary
Section 137 - Articles to Be Made Available
Section 138 - Complaints of Wrongs
Section 139 - Redress of Injuries to Property
Section 140 - Delegation by the Commander-in-Chief
Section 141 - Payment of Fees, Costs, and Expenses
Section 142 - Payment of Fines and Disposition Thereof
Section 143 - Uniformity of Interpretation and Military Rules of Evidence