Sec. 85.
(1) A member of the state military forces is guilty of desertion if the member commits 1 of the following acts:
(a) Without proper authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently.
(b) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.
(c) Without being regularly separated from 1 of the forces of the state military forces, enlists or accepts an appointment in the same or another state military force without fully disclosing the fact that he or she has not been regularly separated.
(2) Notwithstanding subsection (1), a member of the state military forces shall not be, in time of peace or order, prohibited from accepting bona fide employment in another state or leaving the boundaries of this state in pursuance of a vocation, education, or profession if before so doing the member fully informs the member's commanding officer of the absence from the state and the reasons for the absence. However, the commanding officer may waive this requirement.
(3) An officer of the state military forces who, having tendered his or her resignation and before due notice of the acceptance of the resignation, quits his or her post or proper duties without leave and with intent to remain away permanently is guilty of desertion.
(4) A person found guilty of desertion shall be punished as a court-martial directs.
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
Structure Michigan Compiled Laws
Chapter 32 - Military Establishment
Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)
Article 10 - (32.1077...32.1134)
Section 32.1077 - Person Subject to Code as Principal.
Section 32.1078 - Receiving, Comforting, or Assisting Offender; Punishment.
Section 32.1081 - Conspiracy; Punishment.
Section 32.1086 - Failure to Go To, or Going or Remaining Absent From, Place of Duty; Punishment.
Section 32.1088 - Use of Contemptuous Words; Prohibition; Violation.
Section 32.1089 - Disrespect Toward Superior Commissioned Officer; Punishment.
Section 32.1091 - Prohibited Acts by Warrant Officer or Enlisted Person; Punishment.
Section 32.1094 - Mutiny, Sedition, or Failure to Suppress or Report Mutiny or Sedition; Punishment.
Section 32.1096 - Releasing Prisoner or Permitting Prisoner to Escape; Punishment.
Section 32.1097 - Wrongful Apprehension, Arrest, or Confinement of Person; Punishment.
Section 32.1102 - Forcing a Safeguard; Punishment.
Section 32.1107 - Signing or Making False Document or False Official Statement; Punishment.
Section 32.1109 - Wasting, Spoiling, or Destroying Property; Punishment.
Section 32.1114 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 32.1116 - Causing or Participating in Riot or Breach of Peace; Punishment.
Section 32.1117 - Using Provoking or Reproachful Words or Gestures While in Duty Status; Punishment.
Section 32.1121 - Depriving Owner of Property or Money; Larceny; Punishment.
Section 32.1131 - Giving False Testimony in a Proceeding as Perjury; Punishment.
Section 32.1132 - Making False Claims; Prohibited Acts; Punishment.
Section 32.1133 - Conduct Unbecoming an Officer; Conviction; Punishment.