§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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 885(a) 885(b) |
50:679(a). 50:679(b). |
May 5, 1950, ch. 169, §1 (Art. 85), |
| 885(c) | 50:679(c). |
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".
Cross References
Apprehension of deserters, see section 808 of this title.
Article to be explained, see section 937 of this title.
Enlisted members of Army and Air Force, required to make up lost time, see section 972 of this title.
Enticing desertion and harboring deserters, Federal offense, see section 1381 of Title 18, Crimes and Criminal Procedure.
Federal retirement benefits, forfeiture upon conviction of offenses described hereunder, see section 8312 of Title 5, Government Organization and Employees.
Naturalization, deserter ineligible for, see section 1425 of Title 8, Aliens and Nationality.
Plea of guilty, prohibition against reception, see section 845 of this title.
Public office, deserter ineligible to hold, see section 1425 of Title 8, Aliens and Nationality.
Solicitation of offense, see section 882 of this title.
Statute of limitations, see section 843 of this title.
Section Referred to in Other Sections
This section is referred to in sections 882, 937 of this title.