(a) A person is guilty of desertion if the person is a member of the militia and

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Terms Used In Alaska Statutes 26.05.730

  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • militia of the state: means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. See Alaska Statutes 26.05.990
  • officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • unit: means a regularly organized body of the militia of the state not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them. See Alaska Statutes 26.05.990
(1) without authority, goes or remains absent from the person’s unit, organization, or place of duty with intent to remain away from the unit, organization, or place of duty permanently;
(2) quits the person’s 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 force of the militia of the state,

(A) enlists or accepts an appointment in the same or another force of the militia of the state, the military forces of another state, or one of the armed forces of the United States, without fully disclosing the fact that the person has not been regularly separated; or
(B) enters a foreign armed service except when authorized by the United States.
(b) A commissioned officer of the militia commits the offense of desertion if, after tender of the officer’s resignation and before notice of its acceptance, the officer quits the officer’s post or proper duties without leave and with intent to remain away permanently.
(c) A person found guilty of desertion or attempt to desert may be punished, if the offense is committed in time of war, or emergency as described in Alaska Stat. § 26.05.070,

(1) by confinement of not more than 10 years, by separation with a characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the offense is committed in time of war;
(2) by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the desertion or attempt to desert occurs at a time other than a time of war.
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