2007 Chapter 322

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.

322.124 322.124  Article 124—Maiming. Any person who, with intent to injure, disfigure, or disable, inflicts on the person of another an injury which does any of the following shall be punished as a court-martial may direct:

322.124(1) (1) Seriously disfigures his or her person by a mutilation.

322.124(2) (2) Destroys or disables any member or organ of his or her body.

322.124(3) (3) Seriously diminishes his or her physical vigor by the injury of any member or organ.

322.124 History History: 2007 a. 200.

322.126 322.126  Article 126—Arson. Any person who does any of the following shall be punished as a court-martial may direct:

322.126(1) (1) Willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, in which the offender knows there is at the time a human being, is guilty of aggravated arson.

322.126(2) (2) Willfully and maliciously burns or sets fire to the property of another, except as provided in sub. (1), is guilty of simple arson.

322.126 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 322.126 Article 126—Arson. (1) Any person who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, in which the offender knows there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct.

Effective date text (2) Any person who willfully and maliciously burns or sets fire to the property of another, except as provided in sub. (1), is guilty of simple arson and shall be punished as a court-martial may direct.

322.126 History History: 2007 a. 200.

322.127 322.127  Article 127—Extortion. Any person who communicates threats to another person with the intention of obtaining anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

322.127 History History: 2007 a. 200.

322.128 322.128  Article 128—Assault. Any person who does any of the following shall be punished as a court-martial may direct:

322.128(1) (1) Attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault.

322.128(2) (2) Commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm is guilty of aggravated assault.

322.128(3) (3) Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault.

322.128 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 322.128 Article 128—Assault. (1) Any person who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

Effective date text (2) Any person who commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm is guilty of aggravated assault and shall be punished as a court-martial may direct.

Effective date text (3) Any person who commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault and shall be punished as a court-martial may direct.

322.128 History History: 2007 a. 200.

322.129 322.129  Article 129—Burglary. Any person who, with intent to commit an offense punishable under ss. 322.120 to 322.128, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.

322.129 History History: 2007 a. 200.

322.130 322.130  Article 130—Housebreaking. Any person who unlawfully enters the building or structure of another with intent to commit a criminal offense is guilty of housebreaking and shall be punished as a court-martial may direct.

322.130 History History: 2007 a. 200.

322.131 322.131  Article 131—Perjury. Any person who in a judicial proceeding or in a course of justice willfully and corruptly does any of the following shall be punished as a court-martial may direct:

322.131(1) (1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry.

322.131(2) (2) In any declaration, certificate, verification, or statement under penalty or perjury as permitted under 28 USC 1746, subscribes any false statement material to the issue or matter of inquiry.

322.131 History History: 2007 a. 200.

322.132 322.132  Article 132—Frauds against the government. Any person who does any of the following knowing it to be false or fraudulent shall be punished as a court-martial may direct:

322.132(1) (1) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, [or of] any state, or any officer:

322.132 Note NOTE: Sub. (1) (intro.) is shown as created by 2007 Wis. Act 200. The language in brackets is unnecessary. Corrective legislation is pending.

322.132(1)(a) (a) Makes or presents a claim.

322.132(1)(b) (b) Makes or uses any writing or other paper.

322.132(1)(c) (c) Makes any oath, affirmation or certification to any fact or to any writing or other paper.

322.132(2) (2) For the purpose of defrauding the United States, the state, [or of] any state, or any officer:

322.132 Note NOTE: Sub. (2) (intro.) is shown as created by 2007 Wis. Act 200. The language in brackets is unnecessary. Corrective legislation is pending.

322.132(2)(a) (a) Forges or counterfeits any signature upon any writing or other paper, or uses any signature knowing it to be forged or counterfeited.

322.132(2)(b) (b) Delivers to any person having authority to receive it, any amount less than that for which he or she receives a certificate or receipt.

322.132(2)(c) (c) Makes or delivers to any person, a writing without having full knowledge of the truth of the statements contained in the writing.

322.132 History History: 2007 a. 200.

322.133 322.133  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.

322.133 History History: 2007 a. 200.

322.134 322.134  Article 134—General section. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined under s. 322.002 (2).

322.134 History History: 2007 a. 200.

subch. XI of ch. 322 SUBCHAPTER XI

MISCELLANEOUS PROVISIONS

322.135 322.135  Article 135—Courts of inquiry.

322.135(1) (1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved has [have] requested an inquiry.

322.135 Note NOTE: Sub. (1) is shown as created by 2007 Wis. Act 200. The correct word is shown in brackets. Corrective legislation is pending.

322.135(2) (2) A court of inquiry consists of 3 or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

322.135(3) (3) Any person whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.