322.1202(5)
(5) In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.
322.1202(6)
(6) In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under
sub. (3) or
(4), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.
322.1202(7)
(7) In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
322.1202(8)
(8) Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.
322.1202 History
History: 2013 a. 201.
322.1203
322.1203
Article 120c — Other sexual misconduct. 322.1203(1)(a)
(a) “Act of prostitution" means a sexual act or sexual contact on account of which anything of value is given to, or received by, any person.
322.1203(1)(b)
(b) “Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person.
322.1203(1)(c)
(c) “Distribute" means delivering to the actual or constructive possession of another, including transmission by electronic means.
322.1203(1)(d)
(d) “Indecent manner" means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
322.1203(1)(e)
(e) “Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
322.1203(1)(f)
(f) “Under circumstances in which that other person has a reasonable expectation of privacy" means any of the following:
322.1203(1)(f)1.
1. Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured.
322.1203(1)(f)2.
2. Circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
322.1203(2)
(2) Any person subject to this chapter who, without legal justification or lawful authorization, does any of the following is guilty of sexual misconduct and shall be punished as a court-martial may direct:
322.1203(2)(a)
(a) Knowingly and wrongfully views the private area of another person, without that other person's consent and under circumstances in which that other person has a reasonable expectation of privacy.
322.1203(2)(b)
(b) Knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person's consent and under circumstances in which that other person has a reasonable expectation of privacy.
322.1203(2)(c)
(c) Knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in
pars. (a) and
(b).
322.1203(3)
(3) Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
322.1203(4)
(4) Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall be punished as a court-martial may direct.
322.1203 History
History: 2013 a. 201.
322.121
322.121
Article 121 — Larceny and wrongful appropriation. 322.121(1)(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.
322.121(2)
(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;
2009 a. 179.
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, does any of the following is guilty of forgery and shall be punished as a court-martial may direct:
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.
322.123 History
History: 2007 a. 200;
2009 a. 179.
322.1235
322.1235
Article 123a — Making, drawing, or uttering check, draft, or order without sufficient funds. 322.1235(1)
(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.
322.1235(2)
(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.
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 History
History: 2007 a. 200;
2009 a. 179.
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. 322.126(1)
(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.
322.126(2)
(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;
2009 a. 179.
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. 322.128(1)
(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.
322.128(2)
(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.
322.128(3)
(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;
2009 a. 179.
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, any state, or any officer:
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, any state, or any officer:
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;
2009 a. 179.
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 have requested an inquiry.
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;
2009 a. 179.
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:
