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35.473 Desertion.
(1)
(2)
(3)
Any member of the state military forces is guilty of desertion who:
(a) Without proper authority goes or remains absent from the member's unit,
organization, or place of duty with intent to remain away from there
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 (1) of the state military forces
enlists or accepts an appointment in the same or another one (1) of the state
military forces, or in one (1) of the Armed Forces of the United States,
without fully disclosing the fact the member has not been regularly separated,
or enters any foreign armed service except when authorized by the United
States.
Any commissioned officer of the state military forces who, after tender of the
officer's 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.
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 (10) 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.
Effective: June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 32, sec. 89,
effective June 25, 2013. -- Amended 1970 Ky. Acts ch. 56, sec. 60. -- Created 1954
Ky. Acts ch. 99, sec. 91, effective July 1, 1954.
Formerly codified as KRS 35.460.
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