AB400: Bill Text

AB400,152,13 (3) Any person found guilty of desertion or attempt to desert 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 desertion or attempt to desert occurs at any other time, by punishment as a court-martial may direct.

AB400,152,15 322.086 Article 86—Absence without leave. Any person who, without authority, does any of the following shall be punished as a court-martial may direct:

AB400,152,16 (1) Fails to go to his or her appointed place of duty at the time prescribed.

AB400,152,17 (2) Goes from that place.

AB400,152,20 (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.

AB400,152,24 322.087 Article 87—Missing movement. Any person who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.

AB400,153,5 322.088 Article 88—Contempt toward officials. Any commissioned officer who uses contemptuous words against the president, the vice-president, members of congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, or the governor or legislature of the state of Wisconsin shall be punished as a court-martial may direct.

AB400,153,8 322.089 Article 89—Disrespect toward superior commissioned officer. Any person who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.

AB400,153,11 322.090 Article 90—Assaulting or willfully disobeying superior commissioned officer. A court-martial may direct punishment on any person who does any of the following:

AB400,153,14 (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office.

AB400,153,16 (2) Willfully disobeys a lawful command of his or her superior commissioned officer.

AB400,153,20 322.091 Article 91—Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct:

AB400,153,22 (1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.

AB400,153,24 (2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.

AB400,154,3 (3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.

AB400,154,5 322.092 Article 92—Failure to obey order or regulation. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,154,6 (1) Violates or fails to obey any lawful general order or regulation.

AB400,154,8 (2) Having knowledge of any other lawful order issued by a member of the state military forces, which it is his or her duty to obey, fails to obey the order.

AB400,154,9 (3) Is derelict in the performance of his or her duties.

AB400,154,12 322.093 Article 93—Cruelty and maltreatment. Any person who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.

AB400,154,14 322.094 Article 94—Mutiny or sedition. (1) Any person who does any of the following shall be punished as a court-martial may direct:

AB400,154,17 (a) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

AB400,154,20 (b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.

AB400,154,25 (c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

AB400,155,3 (2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

AB400,155,6 322.095 Article 95—Resistance, flight, breach of arrest, and escape. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,155,7 (1) Resists apprehension.

AB400,155,8 (2) Flees from apprehension.

AB400,155,9 (3) Breaks arrest.

AB400,155,10 (4) Escapes from custody or confinement.

AB400,155,15 322.096 Article 96—Releasing prisoner without proper authority. Any person who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design causes any prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

AB400,155,18 322.097 Article 97—Unlawful detention. Any person who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

AB400,155,20 322.098 Article 98—Noncompliance with procedural rules. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,155,22 (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code.

AB400,155,24 (2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.

AB400,156,3 322.099 Article 99—Misbehavior before the enemy. Any person who before or in the presence of the enemy does any of the following shall be punished as a court-martial may direct:

AB400,156,4 (1) Runs away.

AB400,156,6 (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend.

AB400,156,8 (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any command, unit, place, or military property.

AB400,156,9 (4) Casts away his or her arms or ammunition.

AB400,156,10 (5) Is guilty of cowardly conduct.

AB400,156,11 (6) Quits his or her place of duty to plunder or pillage.

AB400,156,13 (7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces.

AB400,156,16 (8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy.

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: