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HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 3Art. 3§ 263 Desertion By National Guard

§ 263 Desertion By National Guard

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 263 Desertion By National Guard

This law says that a National Guard or militia member who is called to active duty and then goes AWOL without planning to come back, or quits to avoid dangerous or important work, is considered a deserter.

Key Takeaways

  • •Applies to Guard or militia members who are called into active service.
  • •Deserter includes those who are AWOL and do not intend to return.
  • •Also covers those who quit to avoid hazardous or important duty.

Example

A National Guard soldier is called up for a deployment, then disappears and never intends to return to duty, or quits the unit to avoid a hazardous mission.

Because the soldier is absent without leave and either does not plan to return or leaves to dodge important service, the law treats that person as a deserter.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 263 Desertion By National Guard

When an enlisted person of the National Guard or the unorganized militia called into active service is absent without leave and there is reason to believe that the enlisted person does not intend to return, or quits their organization or place of duty with the intent to avoid hazardous duty or to shirk important service, that person is a deserter. (Amended by Stats. 2024, Ch. 129, Sec. 22. (SB 1097) Effective January 1, 2025.)

Last verified: January 11, 2026

Key Terms

deserterabsent without leavehazardous dutyshirk important service

Related Statutes

  • § 261 Military Discharge Procedures
  • § 264 Deserter Roll Removal Authority
  • § 266 Deserter Restoration Requirements
  • § 267 Desertion Restoration Rules
  • § 268 Military Absence Time Recovery

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 263.
View Official Source