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LegalText 10 U.S.C. § 885 Art. 85. Desertion us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 885 10 U.S.C. § 885 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s885 data/legal/raw/us/code/title-10/usc10.xml e36db4a4b52bed71b27bd73c81bb7cc4cef7a2eef23ddd62f8af5fd9a389e7e9 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 c4bbbb7e4418c2f3c1eca9423a32584f7da76ef2f4c36f959101443df51733eb 2026-07-04 official
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10 U.S.C. § 885 - Art. 85. Desertion

Text

(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.)

Notes

Historical and Revision Notes Revised sectionSource (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”.