§ 30-13-85. Desertion.
(a) Any member of the state military forces who:
(1) Without authority goes or remains absent from his or her unit, organization, or place
of duty with intent to remain away therefrom permanently;
(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous
duty or to shirk important service; or
(3) Without being regularly separated from one of the state military forces enlists or
accepts an appointment in the same or another one of the state military forces, or
in one of
Free access — add to your briefcase to read the full text and ask questions with AI
§ 30-13-85. Desertion.
(a) Any member of the state military forces who:
(1) Without authority goes or remains absent from his or her unit, organization, or place
of duty with intent to remain away therefrom permanently;
(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous
duty or to shirk important service; or
(3) Without being regularly separated from one of the state military forces enlists or
accepts an appointment in the same or another one of the state military forces, or
in one of the armed forces of the United States, without fully disclosing the fact
that he or she has not been regularly separated;
is guilty of desertion.
(b) Any commissioned officer of the state military forces who, after tender of his or
her resignation and before notice of its acceptance, quits his or her post or proper
duties without leave and with intent to remain away therefrom permanently is guilty
of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial
may direct.