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.
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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:
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20(1) Feigns illness, physical disablement, mental lapse, or derangement.
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21(2) Intentionally inflicts self-injury.
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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.
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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.
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(b) The accused reasonably believed that that person had at the time of the
18alleged offense attained the age of 16 years.
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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.
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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:
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1(1) Upon a lawful oath or in any form allowed by law to be substituted for an
2oath, gives any false testimony material to the issue or matter of inquiry.
AB400,165,5
3(2) In any declaration, certificate, verification, or statement under penalty or
4perjury as permitted under
28 USC 1746, subscribes any false statement material
5to the issue or matter of inquiry.
AB400,165,8
6322.132 Article 132—Frauds against the government. Any person who
7does any of the following knowing it to be false or fraudulent shall be punished as a
8court-martial may direct:
AB400,165,10
9(1) For the purpose of obtaining the approval, allowance, or payment of any
10claim against the United States, the state, or of any state, or any officer:
AB400,165,1111
(a) Makes or presents a claim.
AB400,165,1212
(b) Makes or uses any writing or other paper.
AB400,165,1413
(c) Makes any oath, affirmation or certification to any fact or to any writing or
14other paper.
AB400,165,16
15(2) For the purpose of defrauding the United States, the state, or of any state,
16or any officer:
AB400,165,1817
(a) Forges or counterfeits any signature upon any writing or other paper, or
18uses any signature knowing it to be forged or counterfeited.
AB400,165,2019
(b) Delivers to any person having authority to receive it, any amount less than
20that for which he or she receives a certificate or receipt.
AB400,165,2221
(c) Makes or delivers to any person, a writing without having full knowledge
22of the truth of the statements contained in the writing.
AB400,166,2
23322.133 Article 133—Conduct unbecoming an officer and a gentleman. 24Any commissioned officer, cadet, candidate, or midshipman who is convicted of
1conduct unbecoming an officer and a gentleman shall be punished as a court-martial
2may direct.
AB400,166,10
3322.134 Article 134—General section. Though not specifically mentioned
4in this code, all disorders and neglects to the prejudice of good order and discipline
5in the state military forces and all conduct of a nature to bring discredit upon the
6state military forces shall be taken cognizance of by a court-martial and punished
7at the discretion of a military court. However, where a crime constitutes an offense
8that violates both this code and the criminal laws of the state where the offense
9occurs or criminal laws of the United States, jurisdiction of the military court shall
10be determined under s. 322.002 (2).
AB400,166,1211
SUBCHAPTER XI
12
MISCELLANEOUS PROVISIONS
AB400,166,16
13322.135 Article 135—Courts of inquiry. (1) Courts of inquiry to
14investigate any matter of concern to the state military forces may be convened by any
15person authorized to convene a general court-martial, whether or not the persons
16involved has requested an inquiry.
AB400,166,18
17(2) A court of inquiry consists of 3 or more commissioned officers. For each
18court of inquiry, the convening authority shall also appoint counsel for the court.
AB400,166,23
19(3) Any person whose conduct is subject to inquiry shall be designated as a
20party. Any person subject to this code who has a direct interest in the subject of
21inquiry has the right to be designated as a party upon request to the court. Any
22person designated as a party shall be given due notice and has the right to be present,
23to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
AB400,166,25
24(4) Members of a court of inquiry may be challenged by a party, but only for
25cause stated to the court.
AB400,167,2
1(5) The members, counsel, the reporter, and interpreters of courts of inquiry
2shall take an oath to faithfully perform their duties.
AB400,167,4
3(6) Witnesses may be summoned to appear and testify and be examined before
4courts of inquiry, as provided for courts-martial.
AB400,167,6
5(7) Courts of inquiry shall make findings of fact but may not express opinions
6or make recommendations unless required to do so by the convening authority.
AB400,167,12
7(8) Each court of inquiry shall keep a record of its proceedings, which shall be
8authenticated by the signatures of the president and counsel for the court and
9forwarded to the convening authority. If the record cannot be authenticated by the
10president, it shall be signed by a member in lieu of the president. If the record cannot
11be authenticated by the counsel for the court, it shall be signed by a member in lieu
12of the counsel.
AB400,167,15
13322.136 Article 136—Authority to administer oaths and to act as
14notary. (1) The following persons may administer oaths for the purposes of
15military administration, including military justice:
AB400,167,1616
(a) All judge advocates.
AB400,167,1717
(b) All summary courts-martial.
AB400,167,1918
(c) All adjutants, assistant adjutants, acting adjutants, and personnel
19adjutants.
AB400,167,2020
(d) All commanding officers of the naval militia.
AB400,167,2221
(e) All other persons designated by regulations of the armed forces of the
22United States or by statute.
AB400,167,24
23(2) The following persons may administer oaths necessary in the performance
24of their duties:
AB400,168,2
1(a) The president, military judge, and trial counsel for all general and special
2courts-martial.