Chapter 322, WISCONSIN CODE OF MILITARY JUSTICE

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: (1) Runs away. (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or mili…

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 …

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 f…

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. Hist…

322.103 Article 103 — Captured or abandoned property. (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 al…

322.104 Article 104 — Aiding the enemy. Any person who does any of the following shall be punished as a court-martial may direct: (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things. (2) Without proper authority, knowingly harbors or pr…

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: (1) For the purpose of securing favorable treatment by his or her captors acts without proper au…

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…

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: (1) Sells or otherwise disposes of any military property of the Unite…

322.109 Article 109 — Property other than military property — Waste, spoilage, or destruction.

322.110 Article 110 — Improper hazarding of vessel. (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 dir…

322.111 Article 111 — Drunken or reckless operation of certain vehicles, vessels, and aircraft. SUBCHAPTER XI MISCELLANEOUS PROVISIONS 322.0001 SUBCHAPTER I GENERAL PROVISIONS

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. History: 2007 a. 200. 322.1125 Article 112a — Violations regarding controlled substances. Any person who wrongfully uses,…

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, …

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 oth…

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 m…

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: (1) Feigns illness, physical disablement, mental lapse, or derangement. (2) Intentionally inflicts self-…

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. History: 2007 a. 200.

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. History: 2007 a. 200.

322.120 Article 120 — Rape and sexual assault generally. (1) In this section: (b) 1. “Consent” means a freely given agreement to the conduct at issue by a competent person. 2. An expression of lack of consent through words or conduct means there is no consent. Submission or lack …

322.1201 Article 120a — Stalking. (1) In this section: (a) “Course of conduct” means any of the following: 1. A repeated maintenance of visual or physical proximity to a specific person. 2. A repeated conveyance of oral threat, written threats, or threats implied by conduct, or a…

322.1202 Article 120b - Rape and sexual assault of a child. (1) In this section: (a) “Child” means any person who has not attained the age of 16 years. (b) “Force” means any of the following: 1. The use of a weapon. 2. The use of physical strength or violence that is likely to ov…

322.1203 Article 120c — Other sexual misconduct. (1) In this section: (a) “Act of prostitution” means a sexual act or sexual contact on account of which anything of value is given to, or received by, any person. (b) “Broadcast” means to electronically transmit a visual image with…

322.121 Article 121 — Larceny and wrongful appropriation. (1) Any person who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind with intent permanently to dep…

322.122 Article 122 — Robbery. Any person who with intent to steal takes anything of value from a person or in the presence of another person, against his or her will, by means of force or violence or fear of immediate or future injury to his or her person or property or to the p…

322.123 Article 123 — Forgery. Any person who, with intent to defraud, does any of the following is guilty of forgery and shall be punished as a court-martial may direct: (1) Falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparentl…

322.1235 Article 123a — Making, drawing, or uttering check, draft, or order without sufficient funds. (1) Any person who, for the procurement of any article or thing of value, with intent to defraud; or for the payment of any past due obligation or for any other purpose, with int…

322.124 Article 124 — Maiming. Any person who, with intent to injure, disfigure, or disable, inflicts on the person of another an injury which does any of the following shall be punished as a court-martial may direct: (1) Seriously disfigures his or her person by a mutilation. (2…

322.126 Article 126 — Arson. (1) Any person who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, in which the offender knows there is at the time a human being, is guilty of aggravated arson and shall be punished…

322.127 Article 127 — Extortion. Any person who communicates threats to another person with the intention of obtaining anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct. History: 2007 a. 200. Hi…

322.128 Article 128 — Assault. (1) Any person who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. (2) Any person w…

322.129 Article 129 — Burglary. Any person who, with intent to commit an offense punishable under ss. 322.120 to 322.128, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a courtmartial may direct. History: 2007 a.…

322.130 Article 130 — Housebreaking. Any person who unlawfully enters the building or structure of another with intent to commit a criminal offense is guilty of housebreaking and shall be punished as a court-martial may direct. History: 2007 a. 200.

322.131 Article 131 — Perjury. Any person who in a judicial proceeding or in a course of justice willfully and corruptly does any of the following shall be punished as a court-martial may direct: (1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, …

322.132 Article 132 — Frauds against the government. Any person who does any of the following knowing it to be false or fraudulent shall be punished as a court-martial may direct: (1) For the purpose of obtaining the approval, allowance, or payment of any claim against the United…

322.1325 Article 132a - Retaliation. (1) In this section: (a) “Protected communication” means any of the following: 1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general. 2. A communication to a member of t…

322.133 Article 133 — Conduct unbecoming an officer. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct. History: 2007 a. 200; 2023 a. 47.

322.134 Article 134 — General section. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be take…

322.1345 Article 134h - Sexual harassment. Any person who knowingly makes an unwelcome sexual advance, demand, or request for a sexual favor or knowingly engages in other unwelcome conduct of a sexual nature shall be punished as a court-martial may direct if all of the following …

322.135 Article 135 — Courts of inquiry. (1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested an inquiry. (2) A court…

322.136 Article 136 — Authority to administer oaths and to act as notary. (1) The following persons may administer oaths for the purposes of military administration, including military justice: (a) All judge advocates. (b) All summary courts-martial. (c) All adjutants, assistant …

322.137 Article 137 — Articles to be available. This code and the manual for courts-martial shall be made available to a member of the state military forces, upon request by the member, for the member’s personal examination. History: 2007 a. 200; 2009 a. 179.

322.138 Article 138 — Complaints of wrongs. Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, wh…

322.139 Article 139 — Redress of injuries to property. (1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person’s property has been wrongfully taken by a member of a state military force, the comma…

322.140 Article 140 — Delegation by the governor. The governor may delegate any authority vested in the governor under this code, and provide for the sub-delegation of any authority, except the power given the governor by s. 322.022. History: 2007 a. 200.

322.141 Article 141 — Payment of fees, costs, and expenses. The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all ot…

322.142 Article 142 — Payment of fines and disposition. (1) Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in…

322.143 Article 143 — Uniformity of interpretation. This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with 10 USC ch. 47. History: 2007 a. 200; 2009 a. 179. In reviewing sentences under s. 322.0675, a Wisconsin appellate…

322.144 Article 144 — Immunity for action of military courts. All persons acting under the provisions of this code, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions that they did or failed to do as …