(a) Any member of the organized militia is guilty of desertion if he or she:
(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) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important services; or
(3) Without being regularly separated from one (1) 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 he or she has not been regularly separated.
(b) 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 is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
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