(a) Any member of the state military forces who:
(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away there from 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) Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away there from 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 confinement of not more than ten years 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 as a court-martial may direct.
Structure West Virginia Code
Article 1E. Code of Military Justice
§15-1E-1. Definitions; Gender Neutrality
§15-1E-2. Persons Subject to This Article; Jurisdiction
§15-1E-3. Jurisdiction to Try Certain Personnel
§15-1E-5. Territorial Applicability of the Article
§15-1E-9. Imposition of Restraint
§15-1E-10. Restraint of Persons Charged With Offenses
§15-1E-11. Place of Confinement; Reports and Receiving of Prisoners
§15-1E-12. Confinement With Enemy Prisoners Prohibited
§15-1E-13. Punishment Prohibited Before Trial
§15-1E-14. Delivery of Offenders to Civil Authorities
§15-1E-15. Commanding Officer's Nonjudicial Punishment
§15-1E-16. Courts-Martial Classified
§15-1E-17. Jurisdiction of Courts-Martial in General
§15-1E-18. Jurisdiction of General Courts-Martial
§15-1E-19. Jurisdiction of Special Courts-Martial
§15-1E-20. Jurisdiction of Summary Courts-Martial
§15-1E-22. Who May Convene General Courts-Martial
§15-1E-23. Who May Convene Special Courts-Martial
§15-1E-24. Who May Convene Summary Courts-Martial
§15-1E-25. Who May Serve on Courts-Martial
§15-1E-26. Military Judge of a General or Special Court-Martial
§15-1E-27. Detail of Trial Counsel and Defense Counsel
§15-1E-28. Detail or Employment of Reporters and Interpreters
§15-1E-29. Absent and Additional Members
§15-1E-30. Charges and Specifications
§15-1E-31. Compulsory Self-Incrimination Prohibited
§15-1E-33. Forwarding of Charges
§15-1E-34. Advice of Judge Advocate and Reference for Trial
§15-1E-36. Governor or the Adjutant General May Prescribe Rules
§15-1E-37. Unlawfully Influencing Action of Court
§15-1E-38. Duties of Trial Counsel and Defense Counsel
§15-1E-42. Oaths or Affirmations
§15-1E-43. Statute of Limitations
§15-1E-45. Pleas of the Accused
§15-1E-46. Opportunity to Obtain Witnesses and Other Evidence
§15-1E-47. Refusal to Appear or Testify
§15-1E-50. Admissibility of Records of Courts of Inquiry
§15-1E-50a. Defense of Lack of Mental Responsibility
§15-1E-52. Number of Votes Required
§15-1E-53. Court to Announce Action
§15-1E-55. Cruel and Unusual Punishments Prohibited
§15-1E-57. Effective Date of Sentences
§15-1E-57a. Deferment of Sentences
§15-1E-58. Execution of Confinement
§15-1E-58a. Sentences: Reduction in Enlisted Grade Upon Approval
§15-1E-58b. Sentences: Forfeiture of Pay and Allowances During Confinement
§15-1E-59. Error of Law; Lesser Included Offense
§15-1E-60. Action by the Convening Authority
§15-1E-61. Withdrawal of Appeal
§15-1E-62. Appeal by the State
§15-1E-64. Review by the Senior Force Judge Advocate
§15-1E-65. Disposition of Records After Review by the Convening Authority
§15-1E-67a. Review by State Appellate Authority
§15-1E-71. Execution of Sentence; Suspension of Sentence
§15-1E-72. Vacation of Suspension
§15-1E-73. Petition for a New Trial
§15-1E-74. Remission and Suspension
§15-1E-76. Finality of Proceedings, Findings, and Sentences
§15-1E-76a. Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions
§15-1E-78. Accessory After the Fact
§15-1E-79. Conviction of Lesser Included Offense
§15-1E-83. Fraudulent Enlistment, Appointment, or Separation
§15-1E-84. Unlawful Enlistment, Appointment, or Separation
§15-1E-86. Absence Without Leave
§15-1E-88. Contempt Toward Officials
§15-1E-89. Disrespect Toward Superior Commissioned Officer
§15-1E-90. Assaulting or Willfully Disobeying Superior Commissioned Officer
§15-1E-91. Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer
§15-1E-92. Failure to Obey Order or Regulation
§15-1E-93. Cruelty and Maltreatment
§15-1E-95. Resistance, Flight, Breach of Arrest, and Escape
§15-1E-96. Releasing Prisoner Without Proper Authority
§15-1E-98. Noncompliance With Procedural Rules
§15-1E-99. Misbehavior Before the Enemy
§15-1E-100. Subordinate Compelling Surrender
§15-1E-101. Improper Use of Countersign
§15-1E-102. Forcing a Safeguard
§15-1E-103. Captured or Abandoned Property
§15-1E-105. Misconduct as Prisoner
§15-1E-107. False Official Statements
§15-1E-108. Military Property - Loss, Damage, Destruction, or Wrongful Disposition
§15-1E-109. Property Other Than Military Property - Waste, Spoilage, or Destruction
§15-1E-110. Improper Hazarding of Vessel
§15-1E-112a. Wrongful Use, Possession, etc., of Controlled Substances
§15-1E-113. Misbehavior of Sentinel
§15-1E-116. Riot or Breach of Peace
§15-1E-117. Provoking Speeches or Gestures
§15-1E-132. Frauds Against the Government
§15-1E-133. Conduct Unbecoming an Officer and a Gentleman
§15-1E-136. Authority to Administer Oaths and to Act as Notary
§15-1E-137. Articles to Be Explained
§15-1E-138. Complaints of Wrongs
§15-1E-139. Redress of Injuries to Property
§15-1E-140. Delegation by the Governor
§15-1E-141. Payment of Fees, Costs and Expenses
§15-1E-142. Payment of Fines and Disposition Thereof
§15-1E-143. Uniformity of Interpretation
§15-1E-144. Immunity for Action of Military Courts
§15-1E-147. Time of Taking Effect
§15-1E-148. Supersedes Existing State Military Justice Codes