Absence or separation proper in itself becomes a desertion whenever the intent to desert is fixed during such absence or separation.
S.D. Codified Laws § 25-4-12
Intent to desert formed during proper absence
Source: SDC 1939, § 14.0709 (5).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.