(1) Any member of the organized militia who:
(a) Without authority goes or remains absent from the unit, organization or place of duty of the member with intent to remain away therefrom permanently;
(b) Quits the unit, organization or place of duty of the member with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the forces of the organized militia enlists or accepts an appointment in the same or another one of the forces of the organized militia without fully disclosing the fact that the member has not been regularly separated;
is guilty of desertion.
(2) Any commissioned officer of the organized militia who, after tender of resignation and before notice of its acceptance, quits the post or proper duties of the officer without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct. [1961 c.454 §161]
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