38-2-1085. Desertion.

Any member of the organized militia shall be guilty of desertion who:#

1. (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. (2)

   Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or#

3. (3)

   Without being regularly separated from the organized militia, enlists or accepts another appointment in the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States.#

Any commissioned officer of the organized militia 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 shall be guilty of desertion.#

Any person found guilty of desertion or attempt to desert shall be punished by:#

1. (1)

   Confinement of not more than ten years or such other punishment as a court-martial may direct if the offense is committed in time of war; or#

2. (2)

   Punishment as a court-martial may direct if the offense occurs at any time other than in time of war.#