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SB166,8,53 3. A member of the state military forces in any program that, by regulation
4prescribed by the secretary of the relevant military branch, is identified as a training
5program for initial career qualification.
SB166,8,116 (e) “Training leadership position” means, with respect to a specially protected
7junior member of the state military forces, any drill instructor position or other
8leadership position in a basic training program, an officer candidate school, a reserve
9officers' training corps unit, a training program for entry into the state military
10forces, or any program that, by regulation prescribed by the secretary of the relevant
11military branch, is identified as a training program for initial career qualification.
SB166,8,15 12(2) Any officer, noncommissioned officer, or petty officer who is in a training
13leadership position and engages in prohibited sexual activity with a specially
14protected junior member of the state military forces shall be punished as a
15court-martial may direct.
SB166,8,19 16(3) Any person who is a military recruiter and engages in prohibited sexual
17activity with an applicant for military service or a specially protected junior member
18of the state military forces who is enlisted under a delayed entry program shall be
19punished as a court-martial may direct.
SB166,8,21 20(4) Consent is not a defense for any conduct at issue in a prosecution under this
21section.
SB166,9 22Section 9. 322.120 (1) (a) of the statutes is repealed.
SB166,10 23Section 10. 322.120 (3) (a) (intro.) of the statutes is amended to read:
SB166,8,2524 322.120 (3) (a) (intro.) Commits a sexual act upon another person without
25consent
by doing any of the following:
SB166,11
1Section 11. 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b) (intro.)
2and amended to read:
SB166,9,43 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under
4one of the following circumstances:
SB166,9,6 52. When the person knows or reasonably should know that the other person is
6asleep, unconscious, or otherwise unaware that the sexual act is occurring.
SB166,12 7Section 12. 322.120 (3) (b) 1. of the statutes is created to read:
SB166,9,88 322.120 (3) (b) 1. Without the consent of the other person.
SB166,13 9Section 13. 322.1325 of the statutes is created to read:
SB166,9,10 10322.1325 Article 132a - Retaliation. (1) In this section:
SB166,9,1111 (a) “Protected communication” means any of the following:
SB166,9,1312 1. A lawful communication to a member of Congress, a member of the
13Wisconsin legislature, the governor, or an inspector general.
SB166,9,2114 2. A communication to a member of the U.S. department of defense or the U.S.
15national guard bureau, a law enforcement officer, a state agency, a legislative service
16agency, a person in the chain of command, or a court-martial proceeding in which
17a member of the state military forces complains of, or discloses information that the
18member reasonably believes constitutes evidence of, a violation of a law or
19regulation, including a law or regulation prohibiting sexual harassment or unlawful
20discrimination, or gross mismanagement, a gross waste of funds, an abuse of
21authority, or a substantial and specific danger to public health or safety.
SB166,9,2322 (b) “Unlawful discrimination” means discrimination on the basis of race, color,
23religion, sex, or national origin.
SB166,9,25 24(2) Any person who, with intent to retaliate against any person for reporting
25or planning to report a criminal or military offense or for making or planning to make

1a protected communication, or with intent to discourage any person from reporting
2a criminal or military offense or making a protected communication, does any of the
3following shall be punished as a court-martial may direct:
SB166,10,54 (a) Wrongfully takes or threatens to take an adverse personnel action against
5any person.
SB166,10,76 (b) Wrongfully withholds or threatens to withhold a favorable personnel action
7with respect to any person.
SB166,14 8Section 14. 322.133 of the statutes is amended to read:
SB166,10,12 9322.133 Article 133 — Conduct unbecoming an officer and a gentleman.
10Any commissioned officer, cadet, candidate, or midshipman who is convicted of
11conduct unbecoming an officer and a gentleman shall be punished as a court-martial
12may direct.
SB166,15 13Section 15. 322.1345 of the statutes is created to read:
SB166,10,17 14322.1345 Article 134h - Sexual harassment. Any person who knowingly
15makes an unwelcome sexual advance, demand, or request for a sexual favor or
16knowingly engages in other unwelcome conduct of a sexual nature shall be punished
17as a court-martial may direct if all of the following apply:
SB166,10,19 18(1) The sexual advance, demand, request, or conduct of a sexual nature
19satisfies any of the following conditions:
SB166,10,2520 (a) It would, under the circumstances, cause a reasonable person to believe, and
21at least one person did believe, that submission to or rejection of such an advance,
22demand, request, or conduct would be made, either explicitly or implicitly, a term or
23condition of that person's job, pay, career, benefits, or entitlements or would be used
24as a basis for decisions affecting that person's job, pay, career, benefits, or
25entitlements.
SB166,11,3
1(b) It was so severe, repetitive, or pervasive that a reasonable person would
2perceive, and at least one person did perceive, an intimidating, hostile, or offensive
3working environment.
SB166,11,6 4(2) The sexual advance, demand, request, or conduct of a sexual nature was to
5the prejudice of good order and discipline in the state military forces or of a nature
6to bring discredit upon the state military forces, or both.
SB166,11,77 (End)
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