Minnesota Statutes 192A.235 – Statute of Limitations
Subdivision 1.No limitation.
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.
Subd. 2.
Terms Used In Minnesota Statutes 192A.235
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Terms Used In Minnesota Statutes 192A.235
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
[Repealed, 2002 c 308 s 71]
Subd. 3.Three-year limitation.
Except as otherwise provided in subdivision 1, and section 628.26, a person charged with any offense is not liable to be tried by court-martial or punished under section 192A.0851 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under section 192A.0851. The limitation for violations of any offense prescribed under this section shall be the lesser of the limitation prescribed by the manual for courts-martial of the United States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance shall any limitation exceed that authorized by this code.
Subd. 4.Excluded periods.
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.