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

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

(2)  Quits the member's unit, organization or place ofduty with intent to avoid hazardous duty or to shirk important service; or

(3)  Without being regularly separated from one of thestate military forces enlists or accepts an appointment in the same or anotherone of the state military forces, or in one of the armed forces of the UnitedStates, without fully disclosing the fact that the member has not beenregularly separated;

is guilty of desertion.

(b)  Any commissioned officer of the statemilitary forces who, after tender of the commissioned officer's resignation andbefore notice of its acceptance, quits the commissioned officer's post orproper duties without leave and with intent to remain away therefrompermanently is guilty of desertion.

(c)  Any person found guilty of desertion orattempt to desert shall be punished as a court-martial may direct. [L 1982, c171, pt of §2; gen ch 1985]