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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19168
Experience:  Lawyer and current JAG officer.
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Question pertains to any statute of limitations. How can

Customer Question

Question pertains to any statute of limitations. How for back can military continue to prosecute an old offense. Posed this question before but somehow we did not get process completed.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

That depends on the offense. For many offenses, there is a 5 year statute of limitations in the UCMJ, so for a court martial there would be a 5 year statute of limitations. However, for other offenses, there is no statute of limitations at all. So again, it depends on the offense. Things like murder or sexual assault have no statute of limitations, while theft does.

Customer: replied 1 year ago.
What about something like improper conduct more than 40 years old? What is the likelihood of prosecution?
Expert:  Allen M., Esq. replied 1 year ago.

Improper conduct doesn't really mean anything to me, because it is not an actual crime. Many things could fit into that term.

If the improper conduct was sexual assault, rape, murder, child molestation, kidnapping or if the person has been AWOL the entire time (that time doesn't count against the Statute of Limitations).

Now, whether or not the military would actually charge someone depends on who finds out about the issue and whether or not that person wants to go through the trouble getting the approval to bring the person back on orders. It is not common at fact, it is very rarely done.

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