SB70-SSA2-SA2,111,97 (c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120
8(1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or
9solicitation to commit a sexual act or sexual contact.
SB70-SSA2-SA2,111,1110 (d) “Specially protected junior member of the state military forces” means any
11of the following:
SB70-SSA2-SA2,111,1412 1. A member of the state military forces who is assigned to, or is awaiting
13assignment to, basic training or other initial active duty for training, including a
14member who is enlisted under a delayed entry program.
SB70-SSA2-SA2,111,1615 2. A member of the state military forces who is a cadet, candidate, or
16midshipman, or a student in any other officer qualification program.
SB70-SSA2-SA2,111,1917 3. A member of the state military forces in any program that, by regulation
18prescribed by the secretary of the relevant military branch, is identified as a training
19program for initial career qualification.
SB70-SSA2-SA2,111,2520 (e) “Training leadership position” means, with respect to a specially protected
21junior member of the state military forces, any drill instructor position or other
22leadership position in a basic training program, an officer candidate school, a reserve
23officers' training corps unit, a training program for entry into the state military
24forces, or any program that, by regulation prescribed by the secretary of the relevant
25military branch, is identified as a training program for initial career qualification.
SB70-SSA2-SA2,112,4
1(2) Any officer, noncommissioned officer, or petty officer who is in a training
2leadership position and engages in prohibited sexual activity with a specially
3protected junior member of the state military forces shall be punished as a
4court-martial may direct.
SB70-SSA2-SA2,112,8 5(3) Any person who is a military recruiter and engages in prohibited sexual
6activity with an applicant for military service or a specially protected junior member
7of the state military forces who is enlisted under a delayed entry program shall be
8punished as a court-martial may direct.
SB70-SSA2-SA2,112,10 9(4) Consent is not a defense for any conduct at issue in a prosecution under this
10section.
SB70-SSA2-SA2,139 11Section 139. 322.120 (1) (a) of the statutes is repealed.
SB70-SSA2-SA2,140 12Section 140. 322.120 (3) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,112,1413 322.120 (3) (a) (intro.) Commits a sexual act upon another person without
14consent
by doing any of the following:
SB70-SSA2-SA2,141 15Section 141. 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b)
16(intro.) and amended to read:
SB70-SSA2-SA2,112,1817 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under
18one of the following circumstances:
SB70-SSA2-SA2,112,20 192. When the person knows or reasonably should know that the other person is
20asleep, unconscious, or otherwise unaware that the sexual act is occurring.
SB70-SSA2-SA2,142 21Section 142. 322.120 (3) (b) 1. of the statutes is created to read:
SB70-SSA2-SA2,112,2222 322.120 (3) (b) 1. Without the consent of the other person.
SB70-SSA2-SA2,143 23Section 143. 322.1325 of the statutes is created to read:
SB70-SSA2-SA2,112,24 24322.1325 Article 132a — Retaliation. (1) In this section:
SB70-SSA2-SA2,112,2525 (a) “Protected communication” means any of the following:
SB70-SSA2-SA2,113,2
11. A lawful communication to a member of Congress, a member of the
2Wisconsin legislature, the governor, or an inspector general.
SB70-SSA2-SA2,113,103 2. A communication to a member of the U.S. department of defense or the U.S.
4national guard bureau, a law enforcement officer, a state agency, a legislative service
5agency, a person in the chain of command, or a court-martial proceeding in which
6a member of the state military forces complains of, or discloses information that the
7member reasonably believes constitutes evidence of, a violation of a law or
8regulation, including a law or regulation prohibiting sexual harassment or unlawful
9discrimination, or gross mismanagement, a gross waste of funds, an abuse of
10authority, or a substantial and specific danger to public health or safety.
SB70-SSA2-SA2,113,1211 (b) “Unlawful discrimination” means discrimination on the basis of race, color,
12religion, sex, or national origin.
SB70-SSA2-SA2,113,17 13(2) Any person who, with intent to retaliate against any person for reporting
14or planning to report a criminal or military offense or for making or planning to make
15a protected communication, or with intent to discourage any person from reporting
16a criminal or military offense or making a protected communication, does any of the
17following shall be punished as a court-martial may direct:
SB70-SSA2-SA2,113,1918 (a) Wrongfully takes or threatens to take an adverse personnel action against
19any person.
SB70-SSA2-SA2,113,2120 (b) Wrongfully withholds or threatens to withhold a favorable personnel action
21with respect to any person.
SB70-SSA2-SA2,144 22Section 144. 322.133 of the statutes is amended to read:
SB70-SSA2-SA2,114,2 23322.133 Article 133 — Conduct unbecoming an officer and a gentleman.
24Any commissioned officer, cadet, candidate, or midshipman who is convicted of

1conduct unbecoming an officer and a gentleman shall be punished as a court-martial
2may direct.
SB70-SSA2-SA2,145 3Section 145. 322.1345 of the statutes is created to read: