Section 38-2-437. Statute of limitations

   (a) 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.

(b) Except as otherwise provided in this Code section, a person charged with desertion in time of peace or any of the offenses punishable under Code Sections 38-2-550 and 38-2-551 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) Except as otherwise provided in this Code section, a person charged with any offense shall not be liable to be tried by court-martial or punished under Code Section 38-2-360 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 Code Section 38-2-360.

(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend him or was 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 Code section.

Ga. L. 1955, p. 10, § 60.43; Ga. L. 1959, p. 114, § 5.