Article 85. Desertion.
(a) A member of the state military forces who: (1) without authority, goes or remains absent from such member's unit, organization or place of duty with intent to remain away therefrom permanently; (2) quits such member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from 1 of the state military forces, enlists or accepts an appointment in the same or another state military force or in 1 of the armed forces of the United States without fully disclosing the fact that such member has not been regularly separated or enters a foreign armed service, except when authorized by the United States, shall be guilty of desertion.
(b) A commissioned officer of the state military forces who, after tender of such officer's resignation and before notice of its acceptance, quits the officer's post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion.
(c) A person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement for not more than 10 years or such other punishment as a court-martial may direct; provided, however, that if the desertion or attempt to desert occurs at any other time, such person shall be punished as a court-martial may direct.