2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 47 - Uniform Code of Military Justice (Sections 801 - 946)
Subchapter X - Punitive Articles (Sections 877 - 934)
Sec. 885 - Art. 85. Desertion
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER X - PUNITIVE ARTICLES Sec. 885 - Art. 85. Desertion |
| Contains | section 885 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 67. |
| Statutes at Large Reference | 64 Stat. 135 |
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(a) Any member of the armed forces who—
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom 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 armed forces enlists or accepts an appointment in the same or another one of the armed forces 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 armed 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 therefrom 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 death 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, other than death, as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 885(a) 885(b) |
50:679(a). 50:679(b). |
May 5, 1950, ch. 169, §1 (Art. 85), 64 Stat. 135. |
| 885(c) | 50:679(c). |
In subsection (a), the word "unit" is substituted for the words "place of service" to conform to clause (2) of this section and section 886(3) of this title. The word "proper" is omitted as surplusage.
In subsection (b), the word "commissioned" is inserted for clarity. The word "before" is substituted for the words "prior to". The words "its acceptance" are substituted for the words "the acceptance of the same". The words "after tender of" are substituted for the words "having tendered" for clarity. The word "due" is omitted as surplusage.
In subsection (c), the words "attempt to desert" are substituted for the words "attempted desertion".
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