Is Desertion a Felony?
Desertion is the act of leaving one’s military service or post without permission or authorization. The question is, is desertion a felony? The answer is not a straightforward yes or no. It depends on the jurisdiction, the individual’s circumstances, and the specific laws in place.
What is Desertion?
Desertion is a serious offense that can have severe consequences. According to Article 85 of the Uniform Code of Military Justice (UCMJ), desertion is the intentional abandonment of one’s post or service without leave or proper authority [1]. Desertion can occur in various forms, including:
- Leaving one’s unit or post without permission
- Failing to report for duty or duty-related activities
- Absenting oneself from military service without permission
- Fleeing or hiding to avoid duty or to escape punishment
Is Desertion a Felony?
The answer to this question is complex and depends on the jurisdiction and the specific laws in place. In the United States, desertion is typically considered a crime, but it is not always classified as a felony.
Federal Law:
- Under Title 10, Section 885, of the United States Code, desertion is a crime punishable by imprisonment for up to five years and a fine [2].
- However, desertion is not considered a felony in federal law.
State Law:
- In some states, desertion is considered a felony, while in others it is considered a misdemeanor.
- For example, in California, desertion is a felony punishable by up to seven years in prison [3].
- In Texas, desertion is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000 [4].
Consequences of Desertion
The consequences of desertion can be severe, including:
- Military penalties: Desertion can result in separation from the military, a bad conduct discharge, and loss of veteran benefits.
- Criminal charges: Desertion can result in criminal charges, including fines and imprisonment.
- Civil liabilities: Desertion can result in civil liabilities, including damages for breach of contract and fraud.
- Emotional and psychological impact: Desertion can have a profound emotional and psychological impact on individuals, their families, and their communities.
Table: Consequences of Desertion
| Consequences | Federal | State |
|---|---|---|
| Military Penalties | Yes | Yes |
| Criminal Charges | Yes | Yes |
| Civil Liabilities | Yes | Yes |
| Emotional and Psychological Impact | Yes | Yes |
Can You Be Charged with Desertion Without Being a Soldier?
Yes, it is possible to be charged with desertion even if you are not a soldier. In the United States, desertion is not limited to military personnel. Anyone who is required to serve in a particular capacity, such as a civilian contractor or a volunteer firefighter, can be charged with desertion if they abandon their post without permission.
Conclusion
In conclusion, desertion is a serious offense that can have severe consequences. While desertion is typically considered a crime, it is not always classified as a felony. The answer to whether desertion is a felony depends on the jurisdiction and the specific laws in place. It is important to note that desertion can have serious consequences, including military penalties, criminal charges, civil liabilities, and emotional and psychological impact.
