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;
2009 a. 179.
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. 322.098(1)(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.
322.098(2)
(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;
2009 a. 179.
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.
322.099(3)
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any command, unit, place, or military property.
322.099(4)
(4) Casts away his or her arms or ammunition.
322.099(6)
(6) Quits his or her place of duty to plunder or pillage.
322.099(7)
(7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces.
322.099(8)
(8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy.
322.099(9)
(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle.
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;
2009 a. 179.
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 certain vehicles, vessels, and aircraft. Any person who violates s.
23.33 (3) (a) or
(4c),
23.335 (9) (a) 1. or
(12) (a) or
(b),
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, utility terrain vehicle, snowmobile, vehicle, off-highway motorcycle, or vessel on or off a highway shall be punished as the court-martial may direct.
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. 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;
2009 a. 179.
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 History
History: 2007 a. 200;
2009 a. 179.
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 sexual assault generally. 322.120(1)(b)1.1. “Consent" means a freely given agreement to the conduct at issue by a competent person.
322.120(1)(b)2.
2. An expression of lack of consent through words or conduct means there is no consent. Submission or lack of oral or physical resistance, resulting from the use of force, threat of force, or placing another person in fear, does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear.
322.120(1)(b)3.
3. Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent or whether a person did not resist or ceased to resist only because of another person's actions.
322.120(1)(c)2.
2. The use of physical strength or violence that is likely to overcome, restrain, or injure a person.
322.120(1)(c)3.
3. Inflicting physical harm that is likely to coerce or compel submission by the victim.
