322.099 History
History: 2007 a. 200.
322.100
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.
322.100 History
History: 2007 a. 200.
322.101
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.
322.101 History
History: 2007 a. 200.
322.102
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.
322.102 History
History: 2007 a. 200.
322.103
322.103
Article 103—Captured or abandoned property. 322.103(1)(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.
322.103(2)
(2) Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
322.103(2)(b)
(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.
322.103 History
History: 2007 a. 200.
322.104
322.104
Article 104—Aiding the enemy. Any person who does any of the following shall be punished as a court-martial may direct:
322.104(1)
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things.
322.104(2)
(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.
322.104 History
History: 2007 a. 200.
322.105
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:
322.105(1)
(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.
322.105(2)
(2) While in a position of authority over such persons maltreats them without justifiable cause.
322.105 History
History: 2007 a. 200.
322.107
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.
322.107 History
History: 2007 a. 200.
322.108
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:
322.108(1)
(1) Sells or otherwise disposes of any military property of the United States, the State, or of any state.
322.108(2)
(2) Willfully or through neglect damages, destroys, or loses any military property of the United States, the state, or of any state.
322.108(3)
(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.
322.108 History
History: 2007 a. 200.
322.109
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.
322.109 History
History: 2007 a. 200.
322.110
322.110
Article 110—Improper hazarding of vessel. 322.110(1)(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.
322.110(2)
(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.
322.110 History
History: 2007 a. 200.
322.111
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.
322.111 History
History: 2007 a. 200.
322.112
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.
322.112 History
History: 2007 a. 200.
322.1125
322.1125
Article 112a—Violations regarding controlled substances. 322.1125(1)(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.
322.1125 History
History: 2007 a. 200.
322.113
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.
322.113 History
History: 2007 a. 200.
322.114
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[, shall be punished as a court-martial may direct].
322.114 Note
NOTE: The text in brackets was inadvertently dropped from
2007 Wis. Act 200. Corrective legislation is pending.
322.114 History
History: 2007 a. 200.
322.115
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:
322.115(1)
(1) Feigns illness, physical disablement, mental lapse, or derangement.
322.115(2)
(2) Intentionally inflicts self-injury.
322.115 History
History: 2007 a. 200.
322.116
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.
322.116 History
History: 2007 a. 200.
322.117
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.
322.117 History
History: 2007 a. 200.
322.120
322.120
Article 120—Rape and carnal knowledge. 322.120(1)(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.
322.120(2)
(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.
322.120(3)
(3) Penetration, however slight, is sufficient to complete either of these offenses.
322.120(4)
(4) In a prosecution under
sub. (2), it is an affirmative defense if all of the following conditions are established:
322.120(4)(a)
(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.
322.120(4)(b)
(b) The accused reasonably believed that that person had at the time of the alleged offense attained the age of 16 years.
322.120(5)
(5) The accused has the burden of proving a defense under
sub. (4) by a preponderance of the evidence.
322.120 History
History: 2007 a. 200.
322.121
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 [article] of value of any kind if any of the following apply shall be punished as a court-martial may direct:
322.121(1)
(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.
322.121(2)
(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.
322.121 Note
NOTE: This section is shown as created by
2007 Wis. Act 200. The correct word is shown in brackets. Corrective legislation to correct grammar and sentence structure is pending. The proposed revision reads as follows:
Effective date text
322.121 Article 121—Larceny and wrongful appropriation. (1) 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 article of value of any kind 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, is guilty of larceny, and shall be punished as a court-martial may direct.
Effective date text
(2) 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 article of value of any kind 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 and shall be punished as a court-martial may direct.
322.121 History
History: 2007 a. 200.
322.122
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.
322.122 History
History: 2007 a. 200.
322.123
322.123
Article 123—Forgery. Any person who, with intent to defraud[,] {who} does any of the following [is guilty of forgery and] shall be punished as a court-martial may direct:
322.123 Note
NOTE: Section 322.123 (intro.) is shown as created by
2007 Wis. Act 200. Corrective legislation is pending to correct sentence structure. The text in braces will be stricken. The comma and text in brackets will be inserted where shown and the text will be deleted from sub. (2) as indicated in brackets below.
322.123(1)
(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.
322.123(2)
(2) Utters, offers, issues, or transfers a writing, known by him or her to be so made or altered[; is guilty of forgery].
322.123 Note
NOTE: Sub. (2) is shown as created by
2007 Wis. Act 200. Corrective legislation is pending to correct sentence structure. The text in brackets will be deleted and inserted into the section (intro.).
322.123 History
History: 2007 a. 200.
322.1235
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:
322.1235(1)
(1) Procures any section [article] or thing of value, with intent to defraud.
322.1235 Note
NOTE: Sub. (1) is shown as created by
2007 Wis. Act 200. The correct word is shown in brackets. Corrective legislation is pending.
322.1235(2)
(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.
322.1235(3)
(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.
322.1235 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
322.1235 Article 123a—Making, drawing, or uttering check, draft, or order without sufficient funds. (1) Any person who, for the procurement of any article or thing of value, with intent to defraud; or for the payment of 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 shall be punished as a court martial may direct.
Effective date text
(2) 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.
Effective date text
(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.
322.1235 History
History: 2007 a. 200.
