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10 U.S.C. § 885 — Art. 85. Desertion
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_6cc6307454f5901502c4a289
Source file: Laws/federal/codes/united-states-code/title-10/section-885-art-85-desertion--3525910707.md
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Source location: Title 10, Chapter 47, § 885; chapter-047-uniform-code-of-military-justice.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Soliciting Commission of Offenses Generally.—** Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct.
**(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.—** Any person subject to this chapter who solicits or advises another to violate [section 885 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section885&num=0&edition=prelim) (article 85), [section 894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section894&num=0&edition=prelim) (article 94), or [section 899 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section899&num=0&edition=prelim) (article 99)—
(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and
(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 882
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any member of the Selective Service System or any other person charged as herein provided with the duty of carrying out any of the provisions of this chapter, or the rules or regulations made or directions given thereunder, who shall knowingly fail or neglect to perform such duty, and any person charged with such duty, or having and exercising any authority under said chapter, rules, regulations, or directions who shall knowingly make, or be a party to the making, of any false, improper, or incorrect registration, classification, physical or mental examination, deferment, induction, enrollment, or muster, and any person who shall knowingly make, or be a party to the making, of any false statement or certificate regarding or bearing upon a classification or in support of any request for a particular classification, for service under the provisions of this chapter, or rules, regulations, or directions made pursuant thereto, or who otherwise evades or refuses registration or service in the armed forces or any of the requirements of this chapter, or who knowingly counsels, aids, or abets another to refuse or evade registration or service in the armed forces or any of the requirements of this chapter, or of said rules, regulations, or directions, or who in any manner shall knowingly fail or neglect or refuse to perform any duty required of him under or in the execution of this chapter, or rules, regulations, or directions made pursuant to this chapter, or any person or persons who shall knowingly hinder or interfere or attempt to do so in any way, by force or violence or otherwise, with the administration of this chapter or the rules or regulations made pursuant thereto, or who conspires to commit any one or more of such offenses, shall, upon conviction in
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 671, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, defined “principal”. See [section 877 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section877&num=0&edition=prelim), Armed Forces.
Section 672, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to accessories after the fact. See [section 878 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section878&num=0&edition=prelim).
Section 673, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, authorized conviction of lesser included offense. See [section 879 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section879&num=0&edition=prelim).
Section 674, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to attempts. See [section 880 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim).
Section 675, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to conspiracy. See [section 881 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim).
Section 676, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to solicitation. See [section 882 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim).
Section 677, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to fraudulent enlistment, appointment, or separation. See [section 883 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section883&num=0&edition=prelim).
Section 678, act May 5, 1950, ch. 169, § 1, 64 Stat. 135, related to unlawful enlistment, appointment, or separation. See [section 884 of Title 10](https://uscode.house.gov/view.xh
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Federal law — U.S. Code and appendices · legal_authorities
Page 806
TITLE 10—ARMED FORCES
§ 883
tion, mutiny, misbehavior before the enemy, or sedi-
tion.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115–91 effective immediately
after the amendments made by div. E (§§ 5001–5542) of
Pub. L. 114–328 take effect as provided for in section
5542 of that Act (10 U.S.C. 801 note), see section
1081(c)(4) of Pub. L. 115–91, set out as a note under sec-
tion 801 of this title.
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1,
2019, as designated by the President, with imple-
menting regulations and provisions relating to applica-
bility to various situations, see section 5542 of Pub. L.
114–328 and Ex. Ord. No. 13825, set out as notes under
section 801 of this title.
§ 883. Art. 83. Malingering
Any person subject to this chapter who, with
the intent to avoid work, duty, or service—
(1) feigns illness, physical disablement, men-
tal lapse, or mental derangement; or
(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
(Added Pub. L. 114–328, div. E, title LX, § 5404,
Dec. 23, 2016, 130 Stat. 2940.)
Editorial Notes
PRIOR PROVISIONS
A prior section 883 was renumbered section 904a of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on Jan. 1, 2019, as designated by the
President, with implementing regulations and provi-
sions relating to applicability to various situations, see
section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set
out as notes under section 801 of this title.
§ 884. Art. 84. Breach of medical quarantine
Any person subject to this chapter—
(1) who is ordered into medical quarantine
by a person authorized to issue such order; and
(2) who, w
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