RCW 38.38.396
[Art. 43] Statute of limitations.
(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.
(2) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under RCW 38.38.784 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(3) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under RCW 38.38.132 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under RCW 38.38.132.
(4) Periods in which the accused was absent from territory in which the state 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 section.
(5) 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 days after the date of dismissal of the charges and specifications[,]
[then] trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subsection (6) of this section are met.
(6) The conditions referred to in subsection (5) of this section are that the new charges and specifications must:
(a) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty 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.
[ 2009 c 378 § 19; 1989 c 48 § 42; 1963 c 220 § 45.]
Structure Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.38 - Washington Code of Military Justice.
38.38.004 - Definitions—Construction.
38.38.008 - Persons subject to this code.
38.38.012 - Jurisdiction to try certain personnel.
38.38.016 - Dismissal of commissioned officer.
38.38.020 - Territorial applicability of the code.
38.38.024 - Judge advocates and legal officers.
38.38.068 - Apprehension of deserters.
38.38.072 - Imposition of restraint.
38.38.076 - Restraint of persons charged with offenses.
38.38.080 - Confinement in jails.
38.38.084 - Reports and receiving of prisoners.
38.38.088 - Punishment prohibited before trial.
38.38.092 - Delivery of offenders to civil authorities.
38.38.132 - Commanding officer's nonjudicial punishment—Suspension—Appeal.
38.38.176 - Jurisdiction of courts-martial in general.
38.38.180 - Jurisdiction of general courts-martial.
38.38.184 - Jurisdiction of special courts-martial—Dishonorable discharge.
38.38.188 - Jurisdiction of summary courts-martial.
38.38.192 - Sentences of dismissal or dishonorable discharge to be approved by the governor.
38.38.200 - Confinement instead of fine.
38.38.240 - Who may convene general courts-martial.
38.38.244 - Special courts-martial of organized militia not in federal service—Who may convene.
38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.
38.38.252 - Who may serve on courts-martial.
38.38.256 - Military judge of a general or special court-martial.
38.38.258 - Military judges—Qualifications.
38.38.260 - Detail of trial counsel and defense counsel.
38.38.264 - Detail or employment of reporters and interpreters.
38.38.268 - Absent and additional members.
38.38.308 - Charges and specifications.
38.38.312 - Compulsory self-incrimination prohibited.
38.38.320 - Forwarding of charges.
38.38.324 - Advice of state judge advocate and reference for trial.
38.38.328 - Service of charges.
38.38.368 - Governor may prescribe rules.
38.38.372 - Unlawfully influencing action of court.
38.38.376 - Duties of trial counsel and defense counsel.
38.38.396 - Statute of limitations.
38.38.404 - Pleas of the accused.
38.38.408 - Opportunity to obtain witnesses and other evidence.
38.38.412 - Refusal to appear or testify—Penalty.
38.38.424 - Admissibility of records of courts of inquiry.
38.38.428 - Voting, rulings, instructions.
38.38.432 - Number of votes required.
38.38.436 - Court to announce action.
38.38.480 - Cruel and unusual punishments prohibited.
38.38.484 - Maximum limits—Reduction in pay grade.
38.38.488 - Effective date of sentences.
38.38.492 - Execution of confinement.
38.38.532 - Execution of sentence—Suspension of sentence.
38.38.536 - Initial action on the record.
38.38.540 - Initial action on the record—General court-martial records.
38.38.544 - Reconsideration and revision.
38.38.552 - Approval by the convening authority.
38.38.556 - Review of records—Disposition.
38.38.560 - Error of law—Lesser included offense.
38.38.568 - Vacation of suspension.
38.38.572 - Petition for a new trial.
38.38.576 - Remission and suspension.
38.38.584 - Finality of proceedings, findings and sentences.
38.38.624 - Persons to be tried or punished.
38.38.632 - Accessory after the fact.
38.38.636 - Conviction of lesser included offense.
38.38.652 - Fraudulent enlistment, appointment, or separation.
38.38.656 - Unlawful enlistment, appointment, or separation.
38.38.664 - Absence without leave.
38.38.672 - Contempt towards officials.
38.38.676 - Disrespect towards superior commissioned officer.
38.38.680 - Assaulting or willfully disobeying superior commissioned officer.
38.38.684 - Insubordinate conduct toward warrant officer or noncommissioned officer.
38.38.688 - Failure to obey order or regulation.
38.38.692 - Cruelty and maltreatment.
38.38.696 - Mutiny or sedition.
38.38.700 - Resistance, breach of arrest, and escape.
38.38.704 - Releasing prisoner without proper authority.
38.38.708 - Unlawful detention of another.
38.38.712 - Noncompliance with procedural rules.
38.38.716 - Misbehavior before the enemy.
38.38.720 - Subordinate compelling surrender.
38.38.724 - Improper use of countersign.
38.38.728 - Forcing a safeguard.
38.38.732 - Captured or abandoned property.
38.38.740 - Misconduct of a prisoner.
38.38.744 - False official statements.
38.38.748 - Military property—Loss, damage, destruction, or wrongful disposition.
38.38.752 - Property other than military property—Waste, spoilage, or destruction.
38.38.756 - Improper hazarding of vessel.
38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.
38.38.762 - Use, possession, or distribution of controlled substances.
38.38.764 - Drunk on duty—Sleeping on post—Leaving post before relief.
38.38.776 - Riot or breach of peace.
38.38.780 - Provoking speeches or gestures.
38.38.782 - Assault upon another member of the organized militia.
38.38.783 - Larceny and wrongful appropriation.
38.38.788 - Frauds against the government.
38.38.796 - Conduct unbecoming an officer and a gentleman.
38.38.840 - Courts of inquiry.
38.38.844 - Authority to administer oaths.
38.38.848 - Sections to be explained.
38.38.852 - Complaints of wrongs.
38.38.856 - Redress of injuries to property.
38.38.860 - Execution of process and sentence.
38.38.864 - Process of military courts.
38.38.868 - Payment of fines and disposition thereof.
38.38.872 - Immunity for action of military courts.
38.38.876 - Presumption of jurisdiction.
38.38.880 - Delegation of authority by the governor.