(1) without proper authority goes or remains absent from his place of
service, organization, or place of duty with intent to remain away
therefrom permanently; or
(2) quits his unit or 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 forces of the
organized militia enlists or accepts an appointment in the same or
another one of the forces of the organized militia without fully
disclosing the fact he has not been so regularly separated; is guilty of
desertion.
(b) Any officer of the organized militia who, having tendered his
resignation and prior to due notice of the acceptance of the same, 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 attempted desertion shall
be punished as a court-martial may direct.
Structure New York Laws
Article 7 - Code of Military Justice
130.74 - Accessory After the Fact.
130.75 - Conviction of Lesser Included Offense.
130.79 - Fraudulent Enlistment, Appointment, or Separation.
130.80 - Unlawful Enlistment, Appointment, or Separation.
130.82 - Absence Without Leave.
130.84 - Contempt Towards Officials.
130.85 - Disrespect Towards Superior Officer.
130.86 - Assaulting or Willfully Disobeying Officer.
130.87 - Insubordinate Conduct Toward Noncommissioned Officer or Warrant Officer.
130.88 - Failure to Obey Order or Regulations.
130.89 - Cruelty and Maltreatment.
130.91 - Arrest and Confinement.
130.92 - Releasing Prisoner Without Proper Authority.
130.93 - Unlawful Detention of Another.
130.94 - Noncompliance With Procedural Rules.
130.95 - Misbehavior Before the Enemy.
130.96 - Subordinate Compelling Surrender.
130.97 - Improper Use of Countersign.
130.99 - Captured or Abandoned Property.
130.101 - Misconduct as a Prisoner.
130.102 - False Official Statements.
130.103 - Military Property--- Loss, Damage, Destruction, or Wrongful Disposition.
130.104 - Property Other Than Military Property--- Waste, Spoil, or Destruction.
130.105 - Improper Hazarding of Vessel.
130.106 - Drunken or Reckless Driving.
130.107 - Drunk on Duty--- Misbehavior.
130.110 - Riot or Breach of Peace.
130.111 - Provoking Speeches or Gestures.
130.113 - Frauds Against the Government.