§ 5708. Statute of limitations. (a) No limitation.--A person subject to this part, 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. (b) Three-year limitation.--Except as otherwise provided in this section, a person subject to this part charged with desertion in time of peace or with the offense punishable under section 6041 (relating to frauds against the government) shall not be 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. (c) Two-year limitation.--Except as otherwise provided in this section, a person subject to this part charged with any offense is not liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) 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 section 5301. (d) Computation of period of limitation.--Periods in which the accused was absent from territory in which the Commonwealth has the authority to apprehend him, 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. Cross References. Section 5708 is referred to in section 5103 of this title.

§ 5708. Statute of limitations. (a) No limitation.--A person subject to this part, 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. (b) Three-year limitation.--Except as otherwise provided in this section, a person subject to this part charged with desertion in time of peace or with the offense punishable under section 6041 (relating to frauds against the government) shall not be 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. (c) Two-year limitation.--Except as otherwise provided in this section, a person subject to this part charged with any offense is not liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) 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 section 5301. (d) Computation of period of limitation.--Periods in which the accused was absent from territory in which the Commonwealth has the authority to apprehend him, 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. Cross References. Section 5708 is referred to in section 5103 of this title.