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  #1  
Old 12-18-2008, 04:49 AM
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statue of limitations

What is the name of your state (only U.S. law)? HI

I have a situation where i am a civilian, my spouse is enlisted and the other party who my spouse had the affair with is an officer. what are the ramifications to my spouse and the other party if I went through with "turning" them in and what is the statue of limitation on such a military offense? I believe that the officer knew that my spouse was military, maybe not enlisted, and I know for a fact that my spouse knew the other party was an officer. I have more than enough proof to ensure a relationship and sexual relationship had occured. pls. adivse...i need help!!
  #2  
Old 12-18-2008, 04:09 PM
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The ramifications could be as far as wide; and to answer your question about the "SOL"
you will need to give us a precise date to work with!
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  #3  
Old 12-18-2008, 08:07 PM
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Quote:
Originally Posted by pj6939 View Post
What is the name of your state (only U.S. law)? HI

I have a situation where i am a civilian, my spouse is enlisted and the other party who my spouse had the affair with is an officer. what are the ramifications to my spouse and the other party if I went through with "turning" them in and what is the statue of limitation on such a military offense? I believe that the officer knew that my spouse was military, maybe not enlisted, and I know for a fact that my spouse knew the other party was an officer. I have more than enough proof to ensure a relationship and sexual relationship had occured. pls. adivse...i need help!!

It's a statute not a statue.
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  #4  
Old 12-18-2008, 08:17 PM
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* 843. ART. 43. STATUTE OF LIMITATIONS

(a) A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried at any time without limitation.

(b) (1) Except as otherwise provided in this section (article), a person charged with an offense 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.

(2) A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment.
  #5  
Old 12-18-2008, 08:18 PM
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Quote:
Originally Posted by cyberspook View Post
It's a statute not a statue.
Very helpful answer
  #6  
Old 12-18-2008, 09:38 PM
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Yes it is a very good answer, for there is a day and night between the two terms;
and for the most part, "our Genie had stolen the Crystal Ball," then by golly had enough
audacity to go AWOL with it, and now is marked as a Deserter because the Genie is now
over 31 days gone!
  #7  
Old 12-18-2008, 10:16 PM
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Quote:
Originally Posted by Peligroso27 View Post
Very helpful answer

I did not know I was required to provide the OP an "answer", I simply thought I was asked to provide advice.

Informing the OP of the difference between a statue (a large tribute) to a statute, I thought was good advice.
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  #8  
Old 12-18-2008, 11:34 PM
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Quote:
Originally Posted by cyberspook View Post
I did not know I was required to provide the OP an "answer", I simply thought I was asked to provide advice.

Informing the OP of the difference between a statue (a large tribute) to a statute, I thought was good advice.
Your advice did come off a little on the pretentious side, but it is always good to provide some knowledge. Good job. :rolls eyes:

Final black and white answer.

Two years if the offense is taken to NJP.
Five years for a Court Martial

But you must realize that it is to the discretion of the command, not you.
Last edited by Peligroso27; 12-18-2008 at 11:36 PM.
  #9  
Old 12-18-2008, 11:55 PM
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Quote:
Originally Posted by Peligroso27 View Post
Your advice did come off a little on the pretentious side, but it is always good to provide some knowledge. Good job. :rolls eyes:

Final black and white answer.

Two years if the offense is taken to NJP.
Five years for a Court Martial

But you must realize that it is to the discretion of the command, not you.
Better that the OP be slightly embarrassed here that look like a total idiot when discussing this in court, with the CO or an attorney.
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  #10  
Old 12-19-2008, 02:31 AM
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Not understanding legal terms does not make anyone except legal professionals look like idiots. You should tone down the attitude a little. You accomplished the same amount of pretentious undertone as cyberspook with your post.
  #11  
Old 12-19-2008, 08:24 AM
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Quote:
Originally Posted by Peligroso27 View Post
Not understanding legal terms does not make anyone except legal professionals look like idiots. You should tone down the attitude a little. You accomplished the same amount of pretentious undertone as cyberspook with your post.
Peligroso27, in this Forum we have respect, and order, and to some degree, a bit of
humor. One thing that we do not tolerate is the bashing or criticizing of a post, especially
that of a Senior Member. It is quite OK to disagree on disagreeing, which will hopefully
lead to agreeing, but the aforementioned on telling a Senior Member to tone it down will
not for a second be an acceptable practice, nor will it be tolerated, after all, our Forum[s]
are all about FreeAdvice, US Law Only!
Last edited by SHORTY LONG; 12-21-2008 at 11:17 AM. Reason: Left out a very important Fact; sorry!
  #12  
Old 12-19-2008, 11:05 AM
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There was nothing humorous or respectful about either of your senior members posts. It amazes me how not one of you senior members took the time to answer the poor guys very straight forward question but felt it was necessary to correct his lack of knowledge in legal terminology. I do believe that even the senior members need to be realigned occasionally. I did not mean any disrespect to baystate, my only intention was to point out that calling someone an idiot for not being familiar with legal terms is unnecessary. Granted there is not a "senior" status attached to my name but that does not take away my right to point out bad manners and respectfully correct that person. I thank you for taking the time to review my position and I hope that you will understand more fully what I meant now.
  #13  
Old 12-19-2008, 11:26 AM
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Quote:
Originally Posted by Peligroso27 View Post
Not understanding legal terms does not make anyone except legal professionals look like idiots. You should tone down the attitude a little. You accomplished the same amount of pretentious undertone as cyberspook with your post.
Pointing out a mistake is not "pretentious". Cyber was HELPING the OP be giving him/her the CORRECT TERM.

Again...Better that the Op be slightly embarrassed here, where no one knows him/her, that in court where it counts!

And until the word "moderator" appears before your name I will NOT "tone down" my postings. I have been a member here for 3 and a half years without your "guidance".
__________________
~A 8 a.m. bus-stop conversation~

"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"

~~~~~~~
  #14  
Old 12-27-2008, 02:49 PM
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Join Date: Dec 2008
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Unhappy

statue vs statute

okay, so I forgot the t....I am not an idiot nor am i offended by the constructive criticism...thanks to those who pointed it out and thank you to those of you who felt my embarassment... so getting bck to some realy advice, because that's why we're here...This affair between my spouse and the officer started in june of 2008 and continued till the end of Aug. 2008 ...I have pictures of them...some even raunchy...I also have the officers cell #, command # etc...I have spoken to the officer and have gotten an admission of an affair her and my spouse, however, she claims she was unaware my spouse was enlisted....they spoke and texted everyday, seen eachother almost everyday in the gym and even took a vacation together...I have photos of that as well. How, pray tell can you say you didnt know the person was enlisted or for that matter in the navy...both work on the same base but different jobs...pls. advise
  #15  
Old 12-28-2008, 09:03 AM
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As far as your question about the "SOL" you are safe. Now, what else is it you seek from
us?

You, and you alone can only make this heavy choice as far as pursing this; and their is
much at stake for all concerned parties.

You might want to talk to your Minister, or consider Marriage counseling.
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