
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC885]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER X--PUNITIVE ARTICLES
 
Sec. 885. Art. 85. Desertion

    (a) Any member of the armed forces who--
        (1) without authority goes or remains absent from his unit, 
    organization, or place of duty with intent to remain away therefrom 
    permanently;
        (2) quits his unit, organization, or place of duty with intent 
    to avoid hazardous duty or to shirk important service; or
        (3) without being regularly separated from one of the armed 
    forces enlists or accepts an appointment in the same or another one 
    of the armed forces without fully disclosing the fact that he has 
    not been regularly separated, or enters any foreign armed service 
    except when authorized by the United States;

is guilty of desertion.
    (b) Any commissioned officer of the armed forces who, after tender 
of his resignation and before notice of its acceptance, quits his post 
or proper duties without leave and with intent to remain away therefrom 
permanently is guilty of desertion.
    (c) Any person found guilty of desertion or attempt to desert shall 
be punished, if the offense is committed in time of war, by death or 
such other punishment as a court-martial may direct, but if the 
desertion or attempt to desert occurs at any other time, by such 
punishment, other than death, as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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885(a)................................  50:679(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
885(b)................................  50:679(b).                            8
5), 64 Stat. 135.
885(c)................................  50:679(c).
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    In subsection (a), the word ``unit'' is substituted for the words 
``place of service'' to conform to clause (2) of this section and 
section 886(3) of this title. The word ``proper'' is omitted as 
surplusage.
    In subsection (b), the word ``commissioned'' is inserted for 
clarity. The word ``before'' is substituted for the words ``prior to''. 
The words ``its acceptance'' are substituted for the words ``the 
acceptance of the same''. The words ``after tender of'' are substituted 
for the words ``having tendered'' for clarity. The word ``due'' is 
omitted as surplusage.
    In subsection (c), the words ``attempt to desert'' are substituted 
for the words ``attempted desertion''.

                  Section Referred to in Other Sections

    This section is referred to in sections 882, 937 of this title.
