Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 60 - Punitive Sections
Section 6009 - Desertion


(a) Offense defined.--Any member of the State military forces who:
(1) without authority goes or remains absent from his unit, organization or place of duty with intent to remain away from there 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 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 he has not been regularly separated or enters any foreign armed service, except when authorized by the United States;
is guilty of desertion.
(b) Commissioned officer tendering resignation.--Any commissioned officer of the State military 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 from there permanently is guilty of desertion.
(c) Punishment.--Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the desertion or attempt to desert occurs at any other time, the person shall be punished as a court-martial may direct.

Cross References. Section 6009 is referred to in section 6006 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 51 - MILITARY AFFAIRS

Chapter 60 - Punitive Sections

Extra - Chapter Notes

Section 6001 - Principals

Section 6002 - Accessory after the fact

Section 6003 - Conviction of lesser included offense

Section 6004 - Attempts

Section 6005 - Conspiracy

Section 6006 - Solicitation

Section 6007 - Fraudulent enlistment, appointment or separation

Section 6008 - Unlawful enlistment, appointment or separation

Section 6009 - Desertion

Section 6010 - Absence without leave

Section 6011 - Missing movement

Section 6012 - Contempt toward officials

Section 6013 - Disrespect toward superior commissioned officer

Section 6014 - Assaulting or willfully disobeying superior commissioned officer

Section 6015 - Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer

Section 6016 - Failure to obey order or regulation

Section 6017 - Cruelty and maltreatment

Section 6018 - Mutiny or sedition

Section 6019 - Resistance, flight, breach of arrest and escape

Section 6020 - Releasing prisoner without proper authority

Section 6021 - Unlawful detention of another

Section 6022 - Noncompliance with procedural rules

Section 6023 - Misbehavior before enemy

Section 6024 - Subordinate compelling surrender

Section 6025 - Improper use of countersign

Section 6026 - Forcing a safeguard

Section 6027 - Captured or abandoned property

Section 6028 - Aiding the enemy

Section 6029 - Misconduct of prisoner

Section 6030 - False official statements

Section 6031 - Loss, damage, destruction or wrongful disposition of military property

Section 6032 - Waste, spoilage or destruction of nonmilitary property

Section 6033 - Improper hazarding of vessel

Section 6034 - Drunken or reckless driving

Section 6035 - Drunk on duty, sleeping on post and leaving post before relief

Section 6036 - Dueling

Section 6037 - Malingering

Section 6038 - Riot or breach of peace

Section 6039 - Provoking speeches or gestures

Section 6040 - Perjury

Section 6041 - Frauds against government

Section 6042 - Larceny and wrongful appropriation

Section 6043 - Assault

Section 6044 - Conduct unbecoming an officer and a gentleman

Section 6045 - General article

Section 6046 - Embezzlement

Section 6047 - Purchasing and receiving military property in pawn

Section 6048 - Wrongful use and possession of controlled substances