{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-843","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-843","heading":"Statute of limitations","body":"ARTICLE 43. Statute of limitations.\n\nA. Except as otherwise provided in this section, a person\n\ncharged with a military offense is not liable to be tried by court-\n\nmartial if the offense was committed more than three (3) years\n\nbefore the receipt of sworn charges and specifications by an officer\n\nexercising summary court-martial jurisdiction over the command.\n\nB. A person accused of an offense is not liable to be punished\n\nunder Section 815 of this title (Article 15) if the offense was\n\ncommitted more than two (2) years before the imposition of\n\npunishment.\n\nC. Periods in which the accused is absent without authority or\n\nfleeing from justice shall be excluded in computing the period of\n\nlimitation prescribed in this section.\n\nD. Periods in which the accused was absent from territory in\n\nwhich the State of Oklahoma has the authority to apprehend him or\n\nher, or in the custody of civil authorities, or on active duty\n\nwithin the meaning of Title 10 of the United States Code, or in the\n\nhands of the enemy, shall be excluded in computing the periods of\n\nlimitation prescribed in this section.\n\nE. When the United States is at war, the running of any statute\n\nof limitations applicable to any offense under the Oklahoma Uniform\n\nCode of Military Justice:\n\n1. Involving fraud or attempted fraud against the United\n\nStates, the State of Oklahoma, or any agency of the foregoing in any\n\nmanner, whether by conspiracy or not;\n\n2. Committed in connection with the acquisition, care,\n\nhandling, custody, control, or disposition of any real or personal\n\nproperty of the United States, or the State of Oklahoma; or\n\n3. Committed in connection with the negotiation, procurement,\n\naward, performance, payment, interim financing, cancellation, or\n\nother termination or settlement, of any contract, subcontract, or\n\npurchase order which is connected with or related to the prosecution\n\nof the war, or with any disposition of termination inventory by any\n\nwar contractor or government agency,\n\nis suspended until three (3) years after the termination of\n\nhostilities as proclaimed by the President of the United States or\n\nby a joint resolution of Congress.\n\nF. Defective or insufficient charges.\n\n1. If charges or specifications are dismissed as defective or\n\ninsufficient for any cause and the period prescribed by the\n\napplicable statute of limitations:\n\na. has expired, or\n\nb. will expire within one hundred eighty (180) days after\n\nthe date of dismissal of the charges and\n\nspecifications,\n\ntrial and punishment under new charges and specifications are not\n\nbarred by the statute of limitations if the conditions specified in\n\nparagraph 2 of this subsection are met.\n\n2. The conditions referred to in paragraph 1 of this subsection\n\nare that the new charges and specifications shall:\n\na. be received by an officer exercising summary court-\n\nmartial jurisdiction over the command within one\n\nhundred eighty (180) days after the dismissal of the\n\ncharges or specifications, and\n\nb. allege the same acts or omissions that were alleged in\n\nthe dismissed charges or specifications (or allege\n\nacts or omissions that were included in the dismissed\n\ncharges or specifications).\n\nG. A person charged with fraudulent enlistment or fraudulent\n\nappointment under Section 904A of this title (Article 104A) may be\n\ntried by court-martial if the sworn charges and specifications are\n\nreceived by an officer exercising summary court-martial jurisdiction\n\nwith respect to that person, as follows:\n\n1. In the case of an enlisted member, during the period of the\n\nenlistment or five (5) years, whichever provides a longer period;\n\nand\n\n2. In the case of an officer, during the period of the\n\nappointment or five (5) years, whichever provides a longer period.\n\nH. If deoxyribonucleic acid (DNA) testing implicates an\n\nidentified person in the commission of an offense punishable by\nerson, as follows:\n\n1. In the case of an enlisted member, during the period of the\n\nenlistment or five (5) years, whichever provides a longer period;\n\nand\n\n2. In the case of an officer, during the period of the\n\nappointment or five (5) years, whichever provides a longer period.\n\nH. If deoxyribonucleic acid (DNA) testing implicates an\n\nidentified person in the commission of an offense punishable by\n\nconfinement for more than one (1) year, no statute of limitations\n\nthat would otherwise preclude prosecution of the offense shall\n\npreclude such prosecution until a period of time following the\n\nimplication of the person by DNA testing has elapsed that is equal\n\nto the otherwise applicable limitation period.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6a52b07fda527d956dc4b41c9a4063093e08bfb7183040d51b06f6997b515096","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-842","next":"us-ok/okla.-stat.-tit.-44-44-844"},"notice":"GroundRules: Original legal text. Not legal advice."}