[§124B-139]  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, or enters any foreign armed service except when authorized by the United States,

shall be guilty of desertion.

     (b)  Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the officer's post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion.

     (c)  Any person found guilty of desertion or attempt to desert committed in a time of war shall be punished by confinement of no more than ten years or other punishment as directed by a court-martial; provided that if the desertion or attempt to desert occurs at any other time, punishment shall be as directed by a court-martial. [L 2022, c 286, pt of §2]