Oklahoma § 44-843 - Statute of limitations

§ 44-843. Statute of limitations

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 courtmartial 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.

Oklahoma Statutes - Title 44. Militia

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 courtmartial 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

Oklahoma Statutes - Title 44. Militia

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.