322.120(3)(c) (c) Commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to any of the following:

322.120(3)(c)1. 1. Impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person.

322.120(3)(c)2. 2. A mental disease or defect or a physical disability, and that condition is known or reasonably should be known by the person.

322.120(4) (4) Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate sub. (2) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.

322.120(5) (5) Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate sub. (3) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.

322.120(6) (6) 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.

322.120(7) (7) An accused may raise any applicable defenses available under this chapter or the rules for court-martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.

322.120 History History: 2007 a. 200; 2013 a. 201; 2015 a. 195 s. 83; 2023 a. 47, 206.

322.1201 322.1201 Article 120a — Stalking.

322.1201(1) (1) In this section:

322.1201(1)(a) (a) “Course of conduct” means any of the following:

322.1201(1)(a)1. 1. A repeated maintenance of visual or physical proximity to a specific person.

322.1201(1)(a)2. 2. A repeated conveyance of oral threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person.

322.1201(1)(b) (b) “Immediate family” means a spouse, parent, son, daughter, or sibling of the person, or a relative or intimate partner of the person who regularly resides in the household of the person or who within the six months preceding the commencement of a course of conduct regularly resided in the household of the person.

322.1201(1)(c) (c) “Repeated,” with respect to a course of conduct, means two or more occasions of such conduct.

322.1201(2) (2) Any person subject to this chapter who does all of the following is guilty of stalking and shall be punished as a court-martial may direct:

322.1201(2)(a) (a) Wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family.

322.1201(2)(b) (b) Has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family.

322.1201(2)(c) (c) Commits acts that induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family.

322.1201 History History: 2013 a. 201.

322.1202 322.1202 Article 120b - Rape and sexual assault of a child.

322.1202(1) (1) In this section:

322.1202(1)(a) (a) “Child” means any person who has not attained the age of 16 years.

322.1202(1)(b) (b) “Force” means any of the following:

322.1202(1)(b)1. 1. The use of a weapon.

322.1202(1)(b)2. 2. The use of physical strength or violence that is likely to overcome, restrain, or injure a child.

322.1202(1)(b)3. 3. Inflicting physical harm.

322.1202(1)(b)4. 4. In the case of a parent-child or similar relationship, the abuse of parental or similar authority.

322.1202(1)(c) (c) “Lewd act” means any of the following: