2005 Idaho Code - 46-1131 — STATUTE OF LIMITATIONS

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1131.  STATUTE OF LIMITATIONS. (1) A person charged with desertion,
absent without leave during time of war or during an emergency declared by the
governor, aiding the enemy, mutiny, or fraudulent discharge, may be tried and
punished at any time without limitation.
    (2)  A person charged with any other offense under this code is not liable
to be tried by court-martial if the offense was committed more than three (3)
years before the receipt of sworn charges and specifications by an officer
exercising court-martial jurisdiction over the command.
    (3)  A person may not be punished under section 46-1107, Idaho Code, if
the offense was committed more than two (2) years before the imposition of
punishment under section 46-1107, Idaho Code.
    (4)  If a person is convicted of fraudulent discharge, the individual may
be tried at court-martial for all prior offenses committed under this code and
the statute of limitations for those offenses shall be tolled for the period
between the date of the fraudulent discharge and date of conviction for
fraudulent discharge.
    (5)  The statute of limitation set forth above, shall also be tolled under
the following circumstances:
    (a)  Periods in which the accused was absent from the state of Idaho, or
    in the custody of civil authorities, or in the hands of the enemy;
    (b)  For an offense which is certified by the adjutant general to be
    detrimental to the prosecution of war or inimical to state or national
    security, the period of limitation prescribed in this section is extended
    to six (6) months after the termination of any hostilities proclaimed by
    the president or by a joint resolution of congress;
    (c)  The statute of limitations applicable to any offense under this
    chapter:
         (i)   Involving fraud or attempted fraud against the state of Idaho
         or any agency thereof in any manner, whether by conspiracy or not;
         (ii)  Committed in connection with the acquisition, care, handling,
         custody, control, or disposition of any real or personal property of
         the state of Idaho or the United States; or
         (iii) Committed in connection with the negotiation, procurement,
         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 war,
         or any disposition of termination inventory by a defense contractor
         or governmental agencies;
    is tolled until three (3) years after the termination of hostilities
    proclaimed by the president or by a joint resolution of congress.