Chapter 322

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)(a) (a) Fails to carry out the duties prescribed in sub. (1).

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(2)(c) (c) Engages in looting or pillaging.

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.

322.111 History History: 2007 a. 200; 2011 a. 208; 2015 a. 170.

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) (1) In this section:

322.120(1)(b) (b)

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) (c) “Force” means any of the following:

322.120(1)(c)1. 1. The use of a weapon.

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.

322.120(1)(d) (d) “Grievous bodily harm” means serious bodily injury, including fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, or other severe bodily injuries. “Grievous bodily harm” does not include minor injuries such as a black eye or a bloody nose.

322.120(1)(e) (e) “Sexual act” means any of the following:

322.120(1)(e)1. 1. Contact between the penis and the vulva or anus or mouth, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight.

322.120(1)(e)2. 2. The penetration, however slight, of the vulva or anus or mouth, of another by any part of the body or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

322.120(1)(f) (f) “Sexual contact” means any of the following:

322.120(1)(f)1. 1. Touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person.

322.120(1)(f)2. 2. Any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body.

322.120(1)(g) (g) “Threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that noncompliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.

322.120(1)(h) (h) “Unlawful force” means an act of force done without legal justification or excuse.

322.120(2) (2) Any person subject to this chapter who commits a sexual act upon another person without consent by doing any of the following is guilty of rape and shall be punished as a court-martial may direct:

322.120(2)(a) (a) Using unlawful force against that other person.

322.120(2)(b) (b) Using force causing or likely to cause death or grievous bodily harm to any person.

322.120(2)(c) (c) Threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

322.120(2)(d) (d) Rendering that other person unconscious.

322.120(2)(e) (e) Administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control his or her conduct.

322.120(3) (3) Any person subject to this chapter who does any of the following is guilty of sexual assault and shall be punished as a court-martial may direct:

322.120(3)(a) (a) Commits a sexual act upon another person by doing any of the following:

322.120(3)(a)1. 1. Threatening or placing that other person in fear.

322.120(3)(a)3. 3. Making a fraudulent representation that the sexual act serves a professional purpose.

322.120(3)(a)4. 4. Inducing a belief by any artifice, pretense, or concealment that the person is another person.

322.120(3)(b) (b) Commits a sexual act upon another person under one of the following circumstances:

322.120(3)(b)1. 1. Without the consent of the other person.

322.120(3)(b)2. 2. When the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.

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.