Washington Code 38.38.660 – Desertion
Current as of: 2023 | Check for updates
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(1) Any member of the organized militia who:
Terms Used In Washington Code 38.38.660
- Commissioned officer: includes a commissioned warrant officer. See Washington Code 38.38.004
- militia: shall mean the military forces provided for in the Constitution and laws of the state of Washington. See Washington Code 38.04.010
- Organized militia: means the national guard of the state, as defined in section 101(3) of Title 32, United States Code, and any other military force organized under the laws of the state of Washington. See Washington Code 38.38.004
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Without authority goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away therefrom permanently;
(b) Quits the member’s unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the organized militia enlists or accepts an appointment in the same or another one of the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated;
is guilty of desertion.
(2) Any commissioned officer of the organized militia who, after tender of a resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.