322.079
322.079
Article 79—Conviction of lesser included offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included.
322.079 History
History: 2007 a. 200.
322.080
322.080
Article 80—Attempts. 322.080(1)
(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
322.080(2)
(2) Any person who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
322.080(3)
(3) Any person may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
322.080 History
History: 2007 a. 200.
322.081
322.081
Article 81—Conspiracy. Any person who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
322.081 History
History: 2007 a. 200.
322.082
322.082
Article 82—Solicitation. 322.082(1)
(1) Any person who solicits or advises another or others to desert in violation of
s. 322.085 or mutiny in violation of
s. 322.094 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
322.082(2)
(2) Any person who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of
s. 322.099 or sedition in violation of
s. 322.094 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
322.082 History
History: 2007 a. 200.
322.083
322.083
Article 83—Fraudulent enlistment, appointment, or separation. Any person who does any of the following shall be punished as a court-martial may direct:
322.083(1)
(1) Procures his or her own enlistment or appointment in the state military forces by knowingly [knowing] false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances there under [thereunder].
322.083 Note
NOTE: Sub. (1) is shown as created by
2007 Wis. Act 200. The correct words are shown in brackets. Corrective legislation is pending.
322.083(2)
(2) Procures his or her own separation from the state military forces by knowingly [knowing] false representation or deliberate concealment as to his or her eligibility for that separation.
322.083 Note
NOTE: Sub. (2) is shown as created by
2007 Wis. Act 200. The correct word is shown in brackets. Corrective legislation is pending.
322.083 History
History: 2007 a. 200.
322.084
322.084
Article 84—Unlawful enlistment, appointment, or separation. Any person who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
322.084 History
History: 2007 a. 200.
322.085
322.085
Article 85—Desertion. 322.085(1)
(1) Any member of the state military forces is guilty of desertion if he or she does any of the following:
322.085(1)(a)
(a) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away there from [therefrom] permanently.
322.085 Note
NOTE: Par. (a) is shown as created by
2007 Wis. Act 200. The correct word is shown in brackets. Corrective legislation is pending.
322.085(1)(b)
(b) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.
322.085(1)(c)
(c) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States.
322.085(2)
(2) Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away there from [therefrom] permanently is guilty of desertion.
322.085 Note
NOTE: Sub. (2) is shown as created by
2007 Wis. Act 200. The correct word is shown in brackets. Corrective legislation is pending.
322.085(3)
(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.
322.085 History
History: 2007 a. 200.
322.086
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:
322.086(1)
(1) Fails to go to his or her appointed place of duty at the time prescribed.
322.086(3)
(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.
322.086 History
History: 2007 a. 200.
322.087
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.
322.087 History
History: 2007 a. 200.
322.088
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.
322.088 History
History: 2007 a. 200.
322.089
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.
322.089 History
History: 2007 a. 200.
322.090
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:
322.090(1)
(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.
322.090(2)
(2) Willfully disobeys a lawful command of his or her superior commissioned officer.
322.090 History
History: 2007 a. 200.
322.091
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:
322.091(1)
(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.
322.091(2)
(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.
322.091(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.
322.091 History
History: 2007 a. 200.
322.092
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:
322.092(1)
(1) Violates or fails to obey any lawful general order or regulation.
322.092(2)
(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.
322.092(3)
(3) Is derelict in the performance of his or her duties.
322.092 History
History: 2007 a. 200.
322.093
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.
322.093 History
History: 2007 a. 200.
322.094
322.094
Article 94—Mutiny or sedition. 322.094(1)
(1) Any person who does any of the following shall be punished as a court-martial may direct:
322.094(1)(a)
(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.
322.094(1)(b)
(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.
322.094(1)(c)
(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.
322.094 Note
NOTE: Sub. (1) is shown as created by
2007 Wis. Act 200. Corrective legislation to correct grammar and sentence structure is pending. The proposed revision reads as follows:
Effective date text
(1) (a) Any person who, 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.
Effective date text
(b) Any person who, 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.
Effective date text
(c) Any person who 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.
322.094(2)
(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.
322.094 History
History: 2007 a. 200.
322.095
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:
322.095(4)
(4) Escapes from custody or confinement.
322.095 History
History: 2007 a. 200.
322.096
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.
322.096 History
History: 2007 a. 200.
322.097
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.
322.097 History
History: 2007 a. 200.
322.098
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:
322.098(1)
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code.
322.098(2)
(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.
322.098 Note
NOTE: This section is shown as created by
2007 Wis. Act 200. Corrective legislation to correct grammar and sentence structure is pending. The proposed revision reads as follows:
Effective date text
322.098 Article 98—Noncompliance with procedural rules. (1) Any person who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code shall be punished as a court-martial may direct.
Effective date text
(2) Any person who 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 shall be punished as a court-martial may direct.
322.098 History
History: 2007 a. 200.
322.099
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:
322.099(2)
(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend.
