AB400: Bill Text

AB400,156,19 (9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle.

AB400,156,25 322.100 Article 100—Subordinate compelling surrender. Any person who compels or attempts to compel the commander of any of the state military forces of the State, or of any other state, place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.

AB400,157,6 322.101 Article 101—Improper use of countersign. Any person who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.

AB400,157,10 322.102 Article 102—Forcing a safeguard. Any person who forces a safeguard shall be punished as a court-martial may direct. "Forcing a safeguard" means performing any act in violation of the protection of a detachment, guard, or detail posted by a commander for protection.

AB400,157,15 322.103 Article 103—Captured or abandoned property. (1) All persons subject to this code shall secure all public property taken for the service of the United States or the state, or of any other state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

AB400,157,17 (2) Any person subject to this code who does any of the following shall be punished as a court-martial may direct:

AB400,157,18 (a) Fails to carry out the duties prescribed in sub. (1).

AB400,157,22 (b) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself.

AB400,157,23 (c) Engages in looting or pillaging.

AB400,157,25 322.104 Article 104—Aiding the enemy. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,158,2 (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things.

AB400,158,5 (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly.

AB400,158,8 322.105 Article 105—Misconduct as prisoner. Any person who, while in the hands of the enemy in time of war does any of the following shall be punished as a court-martial may direct:

AB400,158,12 (1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners.

AB400,158,14 (2) While in a position of authority over such persons maltreats them without justifiable cause.

AB400,158,19 322.107 Article 107—False official statements. Any person who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.

AB400,158,22 322.108 Article 108—Military property — Loss, damage, destruction, or wrongful disposition. Any person who, without proper authority, does any of the following shall be punished as a court-martial may direct:

AB400,158,24 (1) Sells or otherwise disposes of any military property of the United States, the State, or of any state.

AB400,159,2 (2) Willfully or through neglect damages, destroys, or loses any military property of the United States, the state, or of any state.

AB400,159,5 (3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of any military property of the United States, the state, or of any state.

AB400,159,10 322.109 Article 109—Property other than military property — Waste, spoilage, or destruction. Any person who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States, the State, or of any state, shall be punished as a court-martial may direct.

AB400,159,14 322.110 Article 110—Improper hazarding of vessel. (1) Any person who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States, this state, or any other state military forces shall suffer punishment as a court-martial may direct.

AB400,159,17 (2) Any person who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States, the state, or any other state, state military forces shall be punished as a court-martial may direct.

AB400,159,23 322.111 Article 111—Drunken or reckless operation of an all-terrain vehicle, vehicle, snowmobile, aircraft, or vessel. Any person who violates s. 23.33 (3) (a) or (4c), 30.68, 30.681, 114.09, 346.62, 346.63 (1) or (2), 350.10 (1) (b), 350.101, 940.25, or 940.09 where the offense involved the operation or physical control of an aircraft, all-terrain vehicle, snowmobile, vehicle or vessel on or off a highway shall be punished as the court-martial may direct.

AB400,159,25 322.112 Article 112—Drunk on duty. Any person other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.

AB400,160,7 322.1125 Article 112a—Violations regarding controlled substances. (1) Any person who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States, the state, or of any other state, state military forces a controlled substance, as defined in s. 961.01 (4) shall be punished as a court-martial may direct.

AB400,160,13 322.113 Article 113—Misbehavior of sentinel. Any sentinel or look-out who is found drunk or sleeping upon his or her post or leaves it before being regularly relieved, shall be punished, if the offense is committed in time of war, by confinement of not more than 10 years or other punishment as a court-martial may direct, but if the offense is committed at any other time, by punishment as a court-martial may direct.

AB400,160,16 322.114 Article 114—Dueling. Any person who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority.

AB400,160,19 322.115 Article 115—Malingering. Any person who for the purpose of avoiding work, duty, or service does any of the following shall be punished as a court-martial may direct:

AB400,160,20 (1) Feigns illness, physical disablement, mental lapse, or derangement.

AB400,160,21 (2) Intentionally inflicts self-injury.

AB400,160,24 322.116 Article 116—Riot or breach of peace. Any person who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

AB400,161,3 322.117 Article 117—Provoking speeches or gestures. Any person who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.

AB400,161,6 322.120 Article 120—Rape and carnal knowledge. (1) Any person who commits an act of sexual intercourse, by force and without consent, is guilty of rape and shall be punished as a court-martial may direct.

AB400,161,10 (2) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person who is not that person's spouse, and who has not attained the age of 16 years; is guilty of carnal knowledge and shall be punished as a court-martial may direct.

AB400,161,12 (3) Penetration, however slight, is sufficient to complete either of these offenses.

AB400,161,14 (4) In a prosecution under sub. (2), it is an affirmative defense if all of the following conditions are established:

AB400,161,16 (a) The person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of 12 years.

AB400,161,18 (b) The accused reasonably believed that that person had at the time of the alleged offense attained the age of 16 years.

AB400,161,20 (5) The accused has the burden of proving a defense under sub. (4) by a preponderance of the evidence.

AB400,161,25 322.121 Article 121—Larceny and wrongful appropriation. Any person who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or section of value of any kind if any of the following apply shall be punished as a court-martial may direct:

AB400,162,3 (1) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny.

AB400,162,6 (2) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation.

AB400,162,12 322.122 Article 122—Robbery. Any person who with intent to steal takes anything of value from a person or in the presence of another person, against his or her will, by means of force or violence or fear of immediate or future injury to his or her person or property or to the person or property of a relative or member of his or her family or of anyone in his or her company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

AB400,162,14 322.123 Article 123—Forgery. Any person who, with intent to defraud who does any of the following shall be punished as a court-martial may direct:

AB400,162,17 (1) Falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his or her legal right or liability to his or her prejudice.

AB400,162,19 (2) Utters, offers, issues, or transfers a writing, known by him or her to be so made or altered; is guilty of forgery.

AB400,162,22 322.1235 Article 123a—Making, drawing, or uttering check, draft, or order without sufficient funds. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,162,23 (1) Procures any section or thing of value, with intent to defraud.

AB400,163,10 (2) Pays any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment. The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of his or her intent to defraud or deceive and of his or her knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within 5 days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment.

AB400,163,13 (3) In this section, the word "credit" means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.

AB400,163,16 322.124 Article 124—Maiming. Any person who, with intent to injure, disfigure, or disable, inflicts on the person of another an injury which does any of the following shall be punished as a court-martial may direct:

AB400,163,17 (1) Seriously disfigures his or her person by a mutilation.

AB400,163,18 (2) Destroys or disables any member or organ of his or her body.

AB400,163,20 (3) Seriously diminishes his or her physical vigor by the injury of any member or organ.

AB400,163,22 322.126 Article 126—Arson. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,163,25 (1) Willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, in which the offender knows there is at the time a human being, is guilty of aggravated arson.

AB400,164,2 (2) Willfully and maliciously burns or sets fire to the property of another, except as provided in sub. (1), is guilty of simple arson.

AB400,164,6 322.127 Article 127—Extortion. Any person who communicates threats to another person with the intention of obtaining anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

AB400,164,8 322.128 Article 128—Assault. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,164,11 (1) Attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault.

AB400,164,13 (2) Commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm is guilty of aggravated assault.

AB400,164,15 (3) Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault.

AB400,164,19 322.129 Article 129—Burglary. Any person who, with intent to commit an offense punishable under ss. 322.120 to 322.128, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.

AB400,164,22 322.130 Article 130—Housebreaking. Any person who unlawfully enters the building or structure of another with intent to commit a criminal offense is guilty of housebreaking and shall be punished as a court-martial may direct.

AB400,164,25 322.131 Article 131—Perjury. Any person who in a judicial proceeding or in a course of justice willfully and corruptly does any of the following shall be punished as a court-martial may direct:

AB400,165,2 (1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry.

AB400,165,5 (2) In any declaration, certificate, verification, or statement under penalty or perjury as permitted under 28 USC 1746, subscribes any false statement material to the issue or matter of inquiry.

AB400,165,8 322.132 Article 132—Frauds against the government. Any person who does any of the following knowing it to be false or fraudulent shall be punished as a court-martial may direct:

AB400,165,10 (1) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or of any state, or any officer:

AB400,165,11 (a) Makes or presents a claim.

AB400,165,12 (b) Makes or uses any writing or other paper.

AB400,165,14 (c) Makes any oath, affirmation or certification to any fact or to any writing or other paper.

AB400,165,16 (2) For the purpose of defrauding the United States, the state, or of any state, or any officer:

AB400,165,18 (a) Forges or counterfeits any signature upon any writing or other paper, or uses any signature knowing it to be forged or counterfeited.

AB400,165,20 (b) Delivers to any person having authority to receive it, any amount less than that for which he or she receives a certificate or receipt.

AB400,165,22 (c) Makes or delivers to any person, a writing without having full knowledge of the truth of the statements contained in the writing.

AB400,166,2 322.133 Article 133—Conduct unbecoming an officer and a gentleman. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

AB400,166,10 322.134 Article 134—General section. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined under s. 322.002 (2).

AB400,166,12 SUBCHAPTER XI MISCELLANEOUS PROVISIONS

AB400,166,16 322.135 Article 135—Courts of inquiry. (1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved has requested an inquiry.

AB400,166,18 (2) A court of inquiry consists of 3 or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

AB400,166,23 (3) Any person whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.

AB400,166,25 (4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

AB400,167,2 (5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

AB400,167,4 (6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

AB400,167,6 (7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

AB400,167,12 (8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

AB400,167,15 322.136 Article 136—Authority to administer oaths and to act as notary. (1) The following persons may administer oaths for the purposes of military administration, including military justice: