322.0935 Article 93a - Prohibited activities with military recruit or trainee by a person in a position of special trust. (1) In this section:
(a) “Applicant for military service” means a person who, under regulations prescribed by the secretary of the relevant military branch, is an applicant for original enlistment or appointment in the state military forces.
(b) “Military recruiter” means a person who, under regulations prescribed by the secretary of the relevant military branch, has the primary duty to recruit persons for military service.
(c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120 (1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or solicitation to commit a sexual act or sexual contact.
(d) “Specially protected junior member of the state military forces” means any of the following:
1. A member of the state military forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program.
2. A member of the state military forces who is a cadet, candidate, or midshipman, or a student in any other officer qualification program.
3. A member of the state military forces in any program that, by regulation prescribed by the secretary of the relevant military branch, is identified as a training program for initial career qualification.
(e) “Training leadership position” means, with respect to a specially protected junior member of the state military forces, any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the state military forces, or any program that, by regulation prescribed by the secretary of the relevant military branch, is identified as a training program for initial career qualification.
(2) Any officer, noncommissioned officer, or petty officer who is in a training leadership position and engages in prohibited sexual activity with a specially protected junior member of the state military forces shall be punished as a court-martial may direct.
(3) Any person who is a military recruiter and engages in prohibited sexual activity with an applicant for military service or a specially protected junior member of the state military forces who is enlisted under a delayed entry program shall be punished as a court-martial may direct.
(4) Consent is not a defense for any conduct at issue in a prosecution under this section.
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9. 322.120 (1) (a) of the statutes is repealed.
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10. 322.120 (3) (a) (intro.) of the statutes is amended to read:
322.120 (3) (a) (intro.) Commits a sexual act upon another person without consent by doing any of the following:
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11. 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b) (intro.) and amended to read:
322.120 (3) (b) (intro.) Commits a sexual act upon another person when under one of the following circumstances:
2. When the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.
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12. 322.120 (3) (b) 1. of the statutes is created to read:
322.120 (3) (b) 1. Without the consent of the other person.
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13. 322.1325 of the statutes is created to read:
322.1325 Article 132a - Retaliation. (1) In this section:
(a) “Protected communication” means any of the following:
1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general.
2. A communication to a member of the U.S. department of defense or the U.S. national guard bureau, a law enforcement officer, a state agency, a legislative service agency, a person in the chain of command, or a court-martial proceeding in which a member of the state military forces complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of a law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(b) “Unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.
(2) Any person who, with intent to retaliate against any person for reporting or planning to report a criminal or military offense or for making or planning to make a protected communication, or with intent to discourage any person from reporting a criminal or military offense or making a protected communication, does any of the following shall be punished as a court-martial may direct:
(a) Wrongfully takes or threatens to take an adverse personnel action against any person.
(b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person.
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14. 322.133 of the statutes is amended to read:
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.
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15. 322.1345 of the statutes is created to read:
322.1345 Article 134h - Sexual harassment. Any person who knowingly makes an unwelcome sexual advance, demand, or request for a sexual favor or knowingly engages in other unwelcome conduct of a sexual nature shall be punished as a court-martial may direct if all of the following apply:
(1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions:
(a) It would, under the circumstances, cause a reasonable person to believe, and at least one person did believe, that submission to or rejection of such an advance, demand, request, or conduct would be made, either explicitly or implicitly, a term or condition of that person's job, pay, career, benefits, or entitlements or would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements.
(b) It was so severe, repetitive, or pervasive that a reasonable person would perceive, and at least one person did perceive, an intimidating, hostile, or offensive working environment.
(2) The sexual advance, demand, request, or conduct of a sexual nature was to the prejudice of good order and discipline in the state military forces or of a nature to bring discredit upon the state military forces, or both.
