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:
AB400,160,20
20(1) Feigns illness, physical disablement, mental lapse, or derangement.
AB400,160,21
21(2) Intentionally inflicts self-injury.
AB400,160,24
22322.116 Article 116—Riot or breach of peace. Any person who causes or
23participates in any riot or breach of the peace shall be punished as a court-martial
24may direct.
AB400,161,3
1322.117 Article 117—Provoking speeches or gestures. Any person who
2uses provoking or reproachful words or gestures towards any other person subject
3to this code shall be punished as a court-martial may direct.
AB400,161,6
4322.120 Article 120—Rape and carnal knowledge. (1) Any person who
5commits an act of sexual intercourse, by force and without consent, is guilty of rape
6and shall be punished as a court-martial may direct.
AB400,161,10
7(2) Any person subject to this chapter who, under circumstances not
8amounting to rape, commits an act of sexual intercourse with a person who is not that
9person's spouse, and who has not attained the age of 16 years; is guilty of carnal
10knowledge and shall be punished as a court-martial may direct.
AB400,161,12
11(3) Penetration, however slight, is sufficient to complete either of these
12offenses.
AB400,161,14
13(4) In a prosecution under sub. (2), it is an affirmative defense if all of the
14following conditions are established:
AB400,161,1615
(a) The person with whom the accused committed the act of sexual intercourse
16had at the time of the alleged offense attained the age of 12 years.
AB400,161,1817
(b) The accused reasonably believed that that person had at the time of the
18alleged offense attained the age of 16 years.
AB400,161,20
19(5) The accused has the burden of proving a defense under sub. (4) by a
20preponderance of the evidence.
AB400,161,25
21322.121 Article 121—Larceny and wrongful appropriation. Any person
22who wrongfully takes, obtains, or withholds, by any means, from the possession of
23the owner or of any other person any money, personal property, or section of value
24of any kind if any of the following apply shall be punished as a court-martial may
25direct:
AB400,162,3
1(1) With intent permanently to deprive or defraud another person of the use
2and benefit of property or to appropriate it to his or her own use or the use of any
3person other than the owner, steals that property and is guilty of larceny.
AB400,162,6
4(2) With intent temporarily to deprive or defraud another person of the use and
5benefit of property or to appropriate it to his or her own use or the use of any person
6other than the owner, is guilty of wrongful appropriation.
AB400,162,12
7322.122 Article 122—Robbery. Any person who with intent to steal takes
8anything of value from a person or in the presence of another person, against his or
9her will, by means of force or violence or fear of immediate or future injury to his or
10her person or property or to the person or property of a relative or member of his or
11her family or of anyone in his or her company at the time of the robbery, is guilty of
12robbery and shall be punished as a court-martial may direct.
AB400,162,14
13322.123 Article 123—Forgery. Any person who, with intent to defraud who
14does any of the following shall be punished as a court-martial may direct:
AB400,162,17
15(1) Falsely makes or alters any signature, to, or any part of, any writing which
16would, if genuine, apparently impose a legal liability on another or change his or her
17legal right or liability to his or her prejudice.
AB400,162,19
18(2) Utters, offers, issues, or transfers a writing, known by him or her to be so
19made or altered; is guilty of forgery.
AB400,162,22
20322.1235 Article 123a—Making, drawing, or uttering check, draft, or
21order without sufficient funds. Any person who does any of the following shall
22be punished as a court-martial may direct:
AB400,162,23
23(1) Procures any section or thing of value, with intent to defraud.
AB400,163,10
24(2) Pays any past due obligation, or for any other purpose, with intent to
25deceive; makes, draws, utters, or delivers any check, draft, or order for the payment
1of money upon any bank or other depository, knowing at the time that the maker or
2drawer has not or will not have sufficient funds in, or credit with, the bank or other
3depository for the payment of that check, draft, or order in full upon its presentment.
4The making, drawing, uttering, or delivering by a maker or drawer of a check, draft,
5or order, payment of which is refused by the drawee because of insufficient funds of
6the maker or drawer in the drawee's possession or control, is prima facie evidence of
7his or her intent to defraud or deceive and of his or her knowledge of insufficient
8funds in, or credit with, that bank or other depository, unless the maker or drawer
9pays the holder the amount due within 5 days after receiving notice, orally or in
10writing, that the check, draft, or order was not paid on presentment.
AB400,163,13
11(3) In this section, the word "credit" means an arrangement or understanding,
12express or implied, with the bank or other depository for the payment of that check,
13draft, or order.
AB400,163,16
14322.124 Article 124—Maiming. Any person who, with intent to injure,
15disfigure, or disable, inflicts on the person of another an injury which does any of the
16following shall be punished as a court-martial may direct:
AB400,163,17
17(1) Seriously disfigures his or her person by a mutilation.
AB400,163,18
18(2) Destroys or disables any member or organ of his or her body.
AB400,163,20
19(3) Seriously diminishes his or her physical vigor by the injury of any member
20or organ.
AB400,163,22
21322.126 Article 126—Arson. Any person who does any of the following shall
22be punished as a court-martial may direct:
AB400,163,25
23(1) Willfully and maliciously burns or sets on fire an inhabited dwelling, or any
24other structure, movable or immovable, in which the offender knows there is at the
25time a human being, is guilty of aggravated arson.
AB400,164,2
1(2) Willfully and maliciously burns or sets fire to the property of another, except
2as provided in sub. (1), is guilty of simple arson.
AB400,164,6
3322.127 Article 127—Extortion. Any person who communicates threats to
4another person with the intention of obtaining anything of value or any acquittance,
5advantage, or immunity is guilty of extortion and shall be punished as a
6court-martial may direct.
AB400,164,8
7322.128 Article 128—Assault. Any person who does any of the following shall
8be punished as a court-martial may direct:
AB400,164,11
9(1) Attempts or offers with unlawful force or violence to do bodily harm to
10another person, whether or not the attempt or offer is consummated, is guilty of
11assault.
AB400,164,13
12(2) Commits an assault with a dangerous weapon or other means or force likely
13to produce death or grievous bodily harm is guilty of aggravated assault.
AB400,164,15
14(3) Commits an assault and intentionally inflicts grievous bodily harm with or
15without a weapon is guilty of aggravated assault.
AB400,164,19
16322.129 Article 129—Burglary. Any person who, with intent to commit an
17offense punishable under ss. 322.120 to 322.128, breaks and enters, in the nighttime,
18the dwelling house of another, is guilty of burglary and shall be punished as a
19court-martial may direct.
AB400,164,22
20322.130 Article 130—Housebreaking. Any person who unlawfully enters
21the building or structure of another with intent to commit a criminal offense is guilty
22of housebreaking and shall be punished as a court-martial may direct.
AB400,164,25
23322.131 Article 131—Perjury. Any person who in a judicial proceeding or in
24a course of justice willfully and corruptly does any of the following shall be punished
25as a court-martial may direct: