46-1168 DESERTION. - Idaho Statutes

TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 11

CODE OF MILITARY JUSTICE

46-1168. Desertion. Any person subject to this code who:

(1) Without proper authority goes or remains absent from his place of service, organization, or place of duty with intent to remain away therefrom permanently; or

(2) Quits his unit or organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) Without being regularly separated from the state military enlists or accepts an appointment in the same or another military component or organization without fully disclosing the fact that he has not been so regularly separated,

is guilty of desertion and shall be punished as a court-martial may direct, provided, however, that no member of the Idaho military shall be, in time of peace or order, prohibited from accepting bona fide employment in another state or leave the boundaries of this state in pursuance of his vocation, education or profession, if before so doing, he fully informs his commanding officer of his absence from the state and the reasons therefor, provided, however, that the said commanding officer may waive the requirement that he be informed.