§ 12-64-809 - Desertion.
               	 		
12-64-809.    Desertion.
    (a)  Any member of the organized militia is guilty of desertion if he:
      (1)  Without  authority goes or remains absent from his unit, organization, or place  of duty with intent to remain away therefrom permanently;
      (2)  Quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important services; or
      (3)  Without  being regularly separated from one (1) of the forces of the organized  militia enlists or accepts an appointment in the same or another one of  the forces of the organized militia without fully disclosing the fact  that he has not been regularly separated.
(b)  Any  commissioned officer of the organized militia who, after tender of his  resignation and before notice of its acceptance, quits his 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.