10-U.S.C.-885

10-U.S.C.-885

§885 – Art. 85. Desertion

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Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter X > Section 885

Details

  • Reference: Section 885
  • Legend: §885 – Art. 85. Desertion
  • USCode Year: 2013

Provision Content

(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, 70A Stat. 67.)

Historical and Revision Notes
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), 64 Stat. 135.
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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-858A in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-858A, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-877 in the Legal Encyclopedia: Uniform Code of Military Justice

In this entry about 10-U.S.C.-877, find legal reference material, bibliographies and premiere content related to uniform code of military justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniform code of military justice-specific issues, written by authorities in the field.

10-U.S.C.-880 in the Legal Encyclopedia: Justice

In this entry about 10-U.S.C.-880, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.

10-U.S.C.-853 in the Legal Encyclopedia: Enlistments

In this entry about 10-U.S.C.-853, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.

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