(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 therefrom permanently;

(2)  Quits his or her 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 or she has not been regularly separated;

is guilty of desertion.

Terms Used In Rhode Island General Laws 30-13-85

  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(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 therefrom permanently is guilty of desertion.

(c)  Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.

History of Section.
G.L. 1956, § 30-13-85; P.L. 1962, ch. 82, § 1.