KRS 35.215: Statute of limitations.

(1) 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 KRS 35.070 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

or before the imposition of punishment under KRS 35.070. There shall be no statute

of limitations for the crimes set forth in KRS 35.678 to 35.690.

(2) 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 article.

(3) Periods in which the accused was absent from territory in which the state 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.

(4) When the United States is at war, the running of any statute of limitations

applicable to any offense under this code:

(a) Involving fraud or attempted fraud against the United States, any state, or any

agency of either in any manner, whether by conspiracy or not;

(b) Committed in connection with the acquisition, care, handling, custody,

control, or disposition of any real or personal property of the United States or

any state; or

(c) 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 two (2) years after the termination of hostilitie s as proclaimed by

the President or by a joint resolution of Congress.

(5) "War," as used in subsection (4) of this section, means a period of war declared by

Congress or the factual determination by the President that the existence of

hostilities warrants a finding that a time of war exists.

(6) (a) If charges or specifications are dismissed as defective or insufficient for any

cause and the period prescribed by the applicable statute of limitations:

1. Has expired; or

2. 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 (b) of this

subsection are met.

(b) The conditions referred to in paragraph (a) of this subsection are that the new

charges and specifications must:

1. Be received by a commander within one hundred eighty (180) days after

the dismissal of the charges or specifications; and

2. Allege the acts or omissions that were alleged in the dismissed charges

or specifications.