KRS 35.473: Desertion.

(1) Any member of the state military forces is guilty of desertion who:

(a) Without proper authority goes or remains absent from the member's unit,

organization, or place of duty with intent to remain away from there

permanently;

(b) Quits the member's unit, o rganization, or place of duty with intent to avoid

hazardous duty or to shirk important service; or

(c) Without being regularly separated from one (1) of the state military forces

enlists or accepts an appointment in the same or another one (1) of the stat e

military forces, or in one (1) of the Armed Forces of the United States,

without fully disclosing the fact the member has not been regularly separated,

or enters any foreign armed service except when authorized by the United

States.

(2) Any commissioned officer of the state military forces who, after tender of the

officer's 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.

(3) Any person found guilty of desertion or attempt to desert shall be punished, if the

offense is committed in time of war, by confinement of not more than ten (10) years

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 as a court -martial

may direct.