1. 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.

Terms Used In Iowa Code 29B.44

  • Code: means this chapter. See Iowa Code 29B.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
 2. Except as otherwise provided in this section, a person charged with desertion in time of peace or with any other offense under this code is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
 3. Except as otherwise provided in this section, a person charged with any offense under this code is not liable to be punished under section 29B.14 if the offense was committed more than two years before the imposition of punishment under section 29B.14.
 4. Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, 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.
 5. If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within one hundred eighty days after the date the charges or specifications are dismissed, trial by court-martial or punishment under section 29B.14 is not barred by the statute of limitations if the following conditions are met:

 a. The charges and specifications are received by an officer exercising summary court-martial jurisdiction or having the authority to conduct punishment under section 29B.14 within one hundred eighty days after the charges or specifications are dismissed.
 b. The charges and specifications allege some or all of the same acts or omissions that were alleged in the dismissed charges or specifications.
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