(1) Any member of the state military forces is guilty of desertion if he or she:
Without authority, goes or remains absent from his or her unit, organization, or placeof duty with intent to remain away therefrom permanently; or
Quits his or her unit, organization, or place of duty with intent to avoid hazardousduty or to shirk important service; or
Without being regularly separated from one of the state military forces, enlists oraccepts 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.
Any commissioned officer of the state military forces who, after tender of his or herresignation 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.
Any person found guilty of desertion or attempt to desert shall be punished as acourt-martial directs.
Source: L. 83: Entire article added, p. 1186, § 1, effective June 10. L. 2002: (1) and (2) amended, p. 616, § 101, effective May 24.