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)(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.
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.
322.135(4)
(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
322.135(5)
(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
322.135(6)
(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
322.135(7)
(7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
322.135(8)
(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
322.135 History
History: 2007 a. 200.
322.136
322.136
Article 136—Authority to administer oaths and to act as notary. 322.136(1)
(1) The following persons may administer oaths for the purposes of military administration, including military justice:
322.136(1)(c)
(c) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
322.136(1)(e)
(e) All other persons designated by regulations of the armed forces of the United States or by statute.
322.136(2)
(2) The following persons may administer oaths necessary in the performance of their duties:
322.136(2)(a)
(a) The president, military judge, and trial counsel for all general and special courts-martial.
322.136(2)(b)
(b) The president and the counsel for the court of any court of inquiry.
322.136(2)(d)
(d) All persons detailed to conduct an investigation.
