40.273. Desertion, defined--punishment by court-martial.
Desertion, defined--punishment by court-martial.
40.273. 1. Any member of the state military forces who:
(1) Without authority goes or remains absent from themember's unit, organization, or place of duty with intent toremain away therefrom permanently;
(2) Quits his unit, organization or place of duty withintent to avoid hazardous duty or to shirk important service; or
(3) Without being regularly separated from one of the statemilitary forces enlists or accepts an appointment in the same oranother one of the state military forces, or in one of the armedforces of the United States, without fully disclosing the factis guilty of "desertion".
2. Any commissioned officer of the state military forceswho, after tender of resignation and before notice of itsacceptance, quits his post or proper duties without leave andwith intent to remain away therefrom permanently is guilty of"desertion".
3. Any person found guilty of desertion or attempt to desertshall be punished as a court-martial may direct.
(L. 1984 H.B. 1035 § 86)