51 Pa.C.S. § 6010 - Absence without leave

• Cite as: 51 Pa.C.S. § 6010

(a) Offense defined.--Any person subject to this part who, without authority:

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed; is absent without leave and shall be punished as a court-martial may direct for a military offense or may be charged with a summary offense.

(b) Military offense.--Absence without leave is a military offense subject to punishment as a court-martial may direct or by nonjudicial punishment under this part.

(c) Summary offense.--Absence without leave as defined in subsection (a) is a summary offense.

(d) Fines.--A person convicted of the summary offense of absence without leave shall be sentenced to pay a fine of not less than $100 nor more than $300 for the first offense and a fine of not less than $300 nor more than $1,000 for a second or subsequent offense.

(e) Costs.--Any person convicted of the summary offense of absence without leave shall, in addition to the fine imposed, be sentenced to pay costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch. 17 (relating to governance of the system).

(f) Institution of proceedings.--A person subject to this part authorized by the Adjutant General or his designee may institute summary proceedings for violation of this section by filing a complaint with an issuing authority as provided in the Pennsylvania Rules of Criminal Procedure. The alleged offense shall be deemed to have occurred in the magisterial district where the unit to which the member is assigned is located.