{"data":{"id":"us-ky/krs-35.215","jurisdiction":"us-ky","citation":"KRS 35.215","heading":"Statute of limitations.","body":"(1) Except as otherwise provided in this section, a person charged with any offense is\nnot liable to be tried by court -martial or punished under KRS 35.070 if the offense\nwas committed more than three (3) years before the receipt of sworn charges and\nspecifications by an officer exercising court -martial jurisdiction over the command\nor before the imposition of punishment under KRS 35.070. There shall be no statute\nof limitations for the crimes set forth in KRS 35.678 to 35.690.\n(2) Periods in which the accused is absent without authority or fleeing from justice\nshall be excluded in computing the period of limitation prescribed in this article.\n(3) Periods in which the accused was absent from territory in which the state has the\nauthority to apprehend him, or in the custody of civil authorities, or in the hands of\nthe enemy, shall be excluded in computing the period of limitation prescribed in this\nsection.\n(4) When the United States is at war, the running of any statute of limitations\napplicable to any offense under this code:\n(a) Involving fraud or attempted fraud against the United States, any state, or any\nagency of either in any manner, whether by conspiracy or not;\n(b) Committed in connection with the acquisition, care, handling, custody,\ncontrol, or disposition of any real or personal property of the United States or\nany state; or\n(c) Committed in connection with the negotiation, procurement, award,\nperformance, payment, interim financing, cancellation, or other termination or\nsettlement, of any contract, subcontract, or purchase order which is connected\nwith or related to the prosecution of the war, or with any disposition of\ntermination inventory by any war contractor or government agency;\nis suspended until two (2) years after the termination of hostilitie s as proclaimed by\nthe President or by a joint resolution of Congress.\n(5) \"War,\" as used in subsection (4) of this section, means a period of war declared by\nCongress or the factual determination by the President that the existence of\nhostilities warrants a finding that a time of war exists.\n(6) (a) If charges or specifications are dismissed as defective or insufficient for any\ncause and the period prescribed by the applicable statute of limitations:\n1. Has expired; or\n2. Will expire within one hundred eighty (180) days after the date of\ndismissal of the charges and specifications;\ntrial and punishment under new charges and specifications are not barred by\nthe statute of limitations if the conditions specified in paragraph  (b) of this\nsubsection are met.\n(b) The conditions referred to in paragraph (a) of this subsection are that the new\ncharges and specifications must:\n1. Be received by a commander within one hundred eighty (180) days after\nthe dismissal of the charges or specifications; and\n2. Allege the acts or omissions that were alleged in the dismissed charges\nor specifications.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45083","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"6605f4816be702cfbf5d9d678aaf572b787e19f91a3a47571357fa9cc4c86b12","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.210","next":"us-ky/krs-35.220"},"notice":"GroundRules: Original legal text. Not legal advice."}