§ 30-13-85 - Desertion.
SECTION 30-13-85
§ 30-13-85 Desertion. – (a) Any member of the state military forces who:
(1) Without authority goes or remains absent from his or herunit, organization, or place of duty with intent to remain away therefrompermanently;
(2) Quits his or her unit, organization, or place of dutywith intent 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 or another one ofthe 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 regularlyseparated;
is guilty of desertion.
(b) Any commissioned officer of the state military forceswho, after tender of his or her resignation and before notice of itsacceptance, quits his or her post or proper duties without leave and withintent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desertshall be punished as a court-martial may direct.