[§124A-120]  Desertion.  (a)  Any member
of the state military forces who:



(1)  Without authority goes or remains absent from the
member's unit, organization, or place of duty with intent to remain away
therefrom permanently;



(2)  Quits the 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 one of the
state military forces enlists or accepts an appointment in the same or another
one of the state military forces, or in one of the armed forces of the United
States, without fully disclosing the fact that the member has not been
regularly separated;



is guilty of desertion.



(b)  Any commissioned officer of the state
military forces who, after tender of the commissioned officer's resignation and
before notice of its acceptance, quits the commissioned officer's 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. [L 1982, c
171, pt of §2; gen ch 1985]