AB400,150,3
1322.079 Article 79—Conviction of lesser included offense. An accused
2may be found guilty of an offense necessarily included in the offense charged or of an
3attempt to commit either the offense charged or an offense necessarily included.
AB400,150,7
4322.080 Article 80—Attempts. (1) An act, done with specific intent to
5commit an offense under this code, amounting to more than mere preparation and
6tending, even though failing, to effect its commission, is an attempt to commit that
7offense.
AB400,150,10
8(2) Any person who attempts to commit any offense punishable by this code
9shall be punished as a court-martial may direct, unless otherwise specifically
10prescribed.
AB400,150,12
11(3) Any person may be convicted of an attempt to commit an offense although
12it appears on the trial that the offense was consummated.
AB400,150,16
13322.081 Article 81—Conspiracy. Any person who conspires with any other
14person to commit an offense under this code shall, if one or more of the conspirators
15does an act to effect the object of the conspiracy, be punished as a court-martial may
16direct.
AB400,150,22
17322.082 Article 82—Solicitation.
(1) Any person who solicits or advises
18another or others to desert in violation of s. 322.085 or mutiny in violation of s.
19322.094 shall, if the offense solicited or advised is attempted or committed, be
20punished with the punishment provided for the commission of the offense, but, if the
21offense solicited or advised is not committed or attempted, the person shall be
22punished as a court-martial may direct.
AB400,151,3
23(2) Any person who solicits or advises another or others to commit an act of
24misbehavior before the enemy in violation of s. 322.099 or sedition in violation of s.
25322.094 shall, if the offense solicited or advised is committed, be punished with the
1punishment provided for the commission of the offense, but, if the offense solicited
2or advised is not committed, the person shall be punished as a court-martial may
3direct.
AB400,151,6
4322.083 Article 83—Fraudulent enlistment, appointment, or
5separation. Any person who does any of the following shall be punished as a
6court-martial may direct:
AB400,151,10
7(1) Procures his or her own enlistment or appointment in the state military
8forces by knowingly false representation or deliberate concealment as to his or her
9qualifications for that enlistment or appointment and receives pay or allowances
10there under.
AB400,151,13
11(2) Procures his or her own separation from the state military forces by
12knowingly false representation or deliberate concealment as to his or her eligibility
13for that separation.
AB400,151,18
14322.084 Article 84—Unlawful enlistment, appointment, or separation. 15Any person who effects an enlistment or appointment in or a separation from the
16state military forces of any person who is known to him or her to be ineligible for that
17enlistment, appointment, or separation because it is prohibited by law, regulation,
18or order shall be punished as a court-martial may direct.
AB400,151,20
19322.085 Article 85—Desertion.
(1) Any member of the state military
20forces is guilty of desertion if he or she does any of the following:
AB400,151,2221
(a) Without authority goes or remains absent from his or her unit, organization,
22or place of duty with intent to remain away there from permanently.
AB400,151,2423
(b) Quits his or her unit, organization, or place of duty with intent to avoid
24hazardous duty or to shirk important service.
AB400,152,5
1(c) Without being regularly separated from one of the state military forces
2enlists or accepts an appointment in the same or another one of the state military
3forces, or in one of the armed forces of the United States, without fully disclosing the
4fact that he or she has not been regularly separated, or enters any foreign armed
5service except when authorized by the United States.
AB400,152,9
6(2) Any commissioned officer of the state military forces who, after tender of
7his or her resignation and before notice of its acceptance, quits his or her post or
8proper duties without leave and with intent to remain away there from permanently
9is guilty of desertion.
AB400,152,13
10(3) Any person found guilty of desertion or attempt to desert shall be punished,
11if the offense is committed in time of war, by confinement of not more than 10 years
12or other punishment as a court-martial may direct, but if the desertion or attempt
13to desert occurs at any other time, by punishment as a court-martial may direct.
AB400,152,15
14322.086 Article 86—Absence without leave. Any person who, without
15authority, does any of the following shall be punished as a court-martial may direct:
AB400,152,16
16(1) Fails to go to his or her appointed place of duty at the time prescribed.
AB400,152,17
17(2) Goes from that place.
AB400,152,20
18(3) Absents himself or herself or remains absent from his or her unit,
19organization, or place of duty at which he or she is required to be at the time
20prescribed.
AB400,152,24
21322.087 Article 87—Missing movement. Any person who through neglect
22or design misses the movement of a ship, aircraft, or unit with which he or she is
23required in the course of duty to move shall be punished as a court-martial may
24direct.
AB400,153,5
1322.088 Article 88—Contempt toward officials. Any commissioned officer
2who uses contemptuous words against the president, the vice-president, members
3of congress, the secretary of defense, the secretary of a military department, the
4secretary of homeland security, or the governor or legislature of the state of
5Wisconsin shall be punished as a court-martial may direct.
AB400,153,8
6322.089 Article 89—Disrespect toward superior commissioned officer. 7Any person who behaves with disrespect toward his or her superior commissioned
8officer shall be punished as a court-martial may direct.
AB400,153,11
9322.090 Article 90—Assaulting or willfully disobeying superior
10commissioned officer. A court-martial may direct punishment on any person who
11does any of the following:
AB400,153,14
12(1) Strikes his or her superior commissioned officer or draws or lifts up any
13weapon or offers any violence against him or her while he or she is in the execution
14of his or her office.
AB400,153,16
15(2) Willfully disobeys a lawful command of his or her superior commissioned
16officer.
AB400,153,20
17322.091 Article 91—Insubordinate conduct toward warrant officer,
18noncommissioned officer, or petty officer. Any warrant officer or enlisted
19member who does any of the following shall be punished as a court-martial may
20direct:
AB400,153,22
21(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty
22officer, while that officer is in the execution of his or her office.
AB400,153,24
23(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned
24officer, or petty officer.
AB400,154,3
1(3) Treats with contempt or is disrespectful in language or deportment toward
2a warrant officer, noncommissioned officer, or petty officer, while that officer is in the
3execution of his or her office.
AB400,154,5
4322.092 Article 92—Failure to obey order or regulation. Any person who
5does any of the following shall be punished as a court-martial may direct:
AB400,154,6
6(1) Violates or fails to obey any lawful general order or regulation.
AB400,154,8
7(2) Having knowledge of any other lawful order issued by a member of the state
8military forces, which it is his or her duty to obey, fails to obey the order.
AB400,154,9
9(3) Is derelict in the performance of his or her duties.
AB400,154,12
10322.093 Article 93—Cruelty and maltreatment. Any person who is guilty
11of cruelty toward, or oppression or maltreatment of, any person subject to his or her
12orders shall be punished as a court-martial may direct.
AB400,154,14
13322.094 Article 94—Mutiny or sedition. (1) Any person who does any of
14the following shall be punished as a court-martial may direct:
AB400,154,1715
(a) With intent to usurp or override lawful military authority, refuses, in
16concert with any other person, to obey orders or otherwise do his or her duty or
17creates any violence or disturbance is guilty of mutiny.
AB400,154,2018
(b) With intent to cause the overthrow or destruction of lawful civil authority,
19creates, in concert with any other person, revolt, violence, or other disturbance
20against that authority is guilty of sedition.
AB400,154,2521
(c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition
22being committed in his or her presence, or fails to take all reasonable means to inform
23his or her superior commissioned officer or commanding officer of a mutiny or
24sedition which he or she knows or has reason to believe is taking place, is guilty of
25a failure to suppress or report a mutiny or sedition.
AB400,155,3
1(2) A person who is found guilty of attempted mutiny, mutiny, sedition, or
2failure to suppress or report a mutiny or sedition shall be punished as a
3court-martial may direct.
AB400,155,6
4322.095 Article 95—Resistance, flight, breach of arrest, and escape. 5Any person who does any of the following shall be punished as a court-martial may
6direct:
AB400,155,7
7(1) Resists apprehension.
AB400,155,8
8(2) Flees from apprehension.
AB400,155,9
9(3) Breaks arrest.
AB400,155,10
10(4) Escapes from custody or confinement.
AB400,155,15
11322.096 Article 96—Releasing prisoner without proper authority. Any
12person who, without proper authority, releases any prisoner committed to his or her
13charge, or who through neglect or design causes any prisoner to escape, shall be
14punished as a court-martial may direct, whether or not the prisoner was committed
15in strict compliance with law.
AB400,155,18
16322.097 Article 97—Unlawful detention. Any person who, except as
17provided by law or regulation, apprehends, arrests, or confines any person shall be
18punished as a court-martial may direct.
AB400,155,20
19322.098 Article 98—Noncompliance with procedural rules. Any person
20who does any of the following shall be punished as a court-martial may direct:
AB400,155,22
21(1) Is responsible for unnecessary delay in the disposition of any case of a
22person accused of an offense under this code.
AB400,155,24
23(2) Knowingly and intentionally fails to enforce or comply with any provision
24of this code regulating the proceedings before, during, or after trial of an accused.
AB400,156,3
1322.099 Article 99—Misbehavior before the enemy. Any person who
2before or in the presence of the enemy does any of the following shall be punished as
3a court-martial may direct:
AB400,156,4
4(1) Runs away.
AB400,156,6
5(2) Shamefully abandons, surrenders, or delivers up any command, unit,
6place, or military property which it is his or her duty to defend.
AB400,156,8
7(3) Through disobedience, neglect, or intentional misconduct endangers the
8safety of any command, unit, place, or military property.
AB400,156,9
9(4) Casts away his or her arms or ammunition.
AB400,156,10
10(5) Is guilty of cowardly conduct.
AB400,156,11
11(6) Quits his or her place of duty to plunder or pillage.
AB400,156,13
12(7) Causes false alarms in any command, unit, or place under control of the
13armed forces of the United States or the state military forces.
AB400,156,16
14(8) Willfully fails to do his or her utmost to encounter, engage, capture, or
15destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which
16it is his or her duty so to encounter, engage, capture, or destroy.
AB400,156,19
17(9) Does not afford all practicable relief and assistance to any troops,
18combatants, vessels, or aircraft of the armed forces belonging to the United States
19or their allies, to the state, or to any other state, when engaged in battle.
AB400,156,25
20322.100 Article 100—Subordinate compelling surrender. Any person
21who compels or attempts to compel the commander of any of the state military forces
22of the State, or of any other state, place, vessel, aircraft, or other military property,
23or of any body of members of the armed forces, to give it up to an enemy or to abandon
24it, or who strikes the colors or flag to an enemy without proper authority, shall be
25punished as a court-martial may direct.
AB400,157,6
1322.101 Article 101—Improper use of countersign. Any person who in
2time of war discloses the parole or countersign to any person not entitled to receive
3it or who gives to another, who is entitled to receive and use the parole or countersign,
4a different parole or countersign from that which, to his or her knowledge, he or she
5was authorized and required to give, shall be punished as a court-martial may
6direct.
AB400,157,10
7322.102 Article 102—Forcing a safeguard. Any person who forces a
8safeguard shall be punished as a court-martial may direct. "Forcing a safeguard"
9means performing any act in violation of the protection of a detachment, guard, or
10detail posted by a commander for protection.
AB400,157,15
11322.103 Article 103—Captured or abandoned property. (1) All persons
12subject to this code shall secure all public property taken for the service of the United
13States or the state, or of any other state, and shall give notice and turn over to the
14proper authority without delay all captured or abandoned property in their
15possession, custody, or control.
AB400,157,17
16(2) Any person subject to this code who does any of the following shall be
17punished as a court-martial may direct:
AB400,157,1818
(a) Fails to carry out the duties prescribed in sub. (1).
AB400,157,2219
(b) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or
20abandoned property, whereby he or she receives or expects any profit, benefit, or
21advantage to himself or herself or another directly or indirectly connected with
22himself or herself.
AB400,157,2323
(c) Engages in looting or pillaging.
AB400,157,25
24322.104 Article 104—Aiding the enemy. Any person who does any of the
25following shall be punished as a court-martial may direct:
AB400,158,2
1(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies,
2money, or other things.
AB400,158,5
3(2) Without proper authority, knowingly harbors or protects or gives
4intelligence to, or communicates or corresponds with or holds any intercourse with
5the enemy, either directly or indirectly.
AB400,158,8
6322.105 Article 105—Misconduct as prisoner. Any person who, while in
7the hands of the enemy in time of war does any of the following shall be punished as
8a court-martial may direct:
AB400,158,12
9(1) For the purpose of securing favorable treatment by his or her captors acts
10without proper authority in a manner contrary to law, custom, or regulation, to the
11detriment of others of whatever nationality held by the enemy as civilian or military
12prisoners.
AB400,158,14
13(2) While in a position of authority over such persons maltreats them without
14justifiable cause.
AB400,158,19
15322.107 Article 107—False official statements. Any person who, with
16intent to deceive, signs any false record, return, regulation, order, or other official
17document made in the line of duty, knowing it to be false, or makes any other false
18official statement made in the line of duty, knowing it to be false, shall be punished
19as a court-martial may direct.
AB400,158,22
20322.108 Article 108—Military property — Loss, damage, destruction,
21or wrongful disposition. Any person who, without proper authority, does any of
22the following shall be punished as a court-martial may direct:
AB400,158,24
23(1) Sells or otherwise disposes of any military property of the United States,
24the State, or of any state.
AB400,159,2
1(2) Willfully or through neglect damages, destroys, or loses any military
2property of the United States, the state, or of any state.
AB400,159,5
3(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or
4wrongfully disposed of any military property of the United States, the state, or of any
5state.
AB400,159,10
6322.109 Article 109—Property other than military property — Waste,
7spoilage, or destruction. Any person who willfully or recklessly wastes, spoils, or
8otherwise willfully and wrongfully destroys or damages any property other than
9military property of the United States, the State, or of any state, shall be punished
10as a court-martial may direct.
AB400,159,14
11322.110 Article 110—Improper hazarding of vessel. (1) Any person who
12willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed
13forces of the United States, this state, or any other state military forces shall suffer
14punishment as a court-martial may direct.
AB400,159,17
15(2) Any person who negligently hazards or suffers to be hazarded any vessel
16of the armed forces of the United States, the state, or any other state, state military
17forces shall be punished as a court-martial may direct.
AB400,159,23
18322.111 Article 111—Drunken or reckless operation of an all-terrain
19vehicle, vehicle, snowmobile, aircraft, or vessel. Any person who violates s.
2023.33 (3) (a) or (4c), 30.68, 30.681, 114.09, 346.62, 346.63 (1) or (2), 350.10 (1) (b),
21350.101, 940.25, or 940.09 where the offense involved the operation or physical
22control of an aircraft, all-terrain vehicle, snowmobile, vehicle or vessel on or off a
23highway shall be punished as the court-martial may direct.
AB400,159,25
24322.112 Article 112—Drunk on duty. Any person other than a sentinel or
25lookout, who is found drunk on duty, shall be punished as a court-martial may direct.
AB400,160,7
1322.1125 Article 112a—Violations regarding controlled substances. (1) 2Any person who wrongfully uses, possesses, manufactures, distributes, imports into
3the customs territory of the United States, exports from the United States, or
4introduces into an installation, vessel, vehicle, or aircraft used by or under the
5control of the armed forces of the United States, the state, or of any other state, state
6military forces a controlled substance, as defined in s. 961.01 (4) shall be punished
7as a court-martial may direct.
AB400,160,13
8322.113 Article 113—Misbehavior of sentinel. Any sentinel or look-out
9who is found drunk or sleeping upon his or her post or leaves it before being regularly
10relieved, shall be punished, if the offense is committed in time of war, by confinement
11of not more than 10 years or other punishment as a court-martial may direct, but
12if the offense is committed at any other time, by punishment as a court-martial may
13direct.
AB400,160,16
14322.114 Article 114—Dueling. Any person who fights or promotes, or is
15concerned in or connives at fighting a duel, or who, having knowledge of a challenge
16sent or about to be sent, fails to report the fact promptly to the proper authority.
AB400,160,19
17322.115 Article 115—Malingering. Any person who for the purpose of
18avoiding work, duty, or service does any of the following shall be punished as a
19court-martial may direct: