Chapter 322, WISCONSIN CODE OF MILITARY JUSTICE
149 sections in this chapter.
Wis. Stat. § 322.052 Article 52 — Number of votes required
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322.052 Article 52 — Number of votes required. (1) No person may be convicted of an offense except as provided in s. 322.045 (2) or s. 322.051 (4) or by the concurrence of two-thirds of the members present at the time the vote is taken. (2) All other questions to be decided by th…
Wis. Stat. § 322.053 Article 53 — Court to announce action
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322.053 Article 53 — Court to announce action. A court-martial shall announce its findings and sentence to the parties as soon as determined. History: 2007 a. 200.
Wis. Stat. § 322.054 Article 54 — Record of trial
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322.054 Article 54 — Record of trial. (1) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by …
Wis. Stat. § 322.055 Article 55 — Cruel and unusual punishments prohibited
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322.055 Article 55 — Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of …
Wis. Stat. § 322.056 Article 56 — Maximum limits
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322.056 Article 56 — Maximum limits. (1) The punishment which a court-martial may direct for an offense may not exceed 10 years confinement. (2) A conviction by a general court-martial of any offense for which an accused may receive a sentence of confinement for more than 1 year …
Wis. Stat. § 322.057 Article 57 — Effective date of sentences
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322.057 Article 57 — Effective date of sentences. (1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or aft…
Wis. Stat. § 322.0575 Article 57a — Deferment of sentences
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322.0575 Article 57a — Deferment of sentences. (1) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court-m…
Wis. Stat. § 322.058 Article 58 — Conditions of confinement
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322.058 Article 58 — Conditions of confinement. (1) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in…
Wis. Stat. § 322.0585 Article 58a — Sentences: reduction in enlisted grade upon approval
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322.0585 Article 58a — Sentences: reduction in enlisted grade upon approval. (1) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable or bad-conduct discharge, or confinement, reduces that me…
Wis. Stat. § 322.0587 Article 58b — Sentences: forfeiture of pay and allowances during confinement
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322.0587 Article 58b — Sentences: forfeiture of pay and allowances during confinement. SUBCHAPTER IX POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Wis. Stat. § 322.059 Article 59 — Error of law; lesser included offense
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322.059 Article 59 — Error of law; lesser included offense. (1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) Any reviewing authority with the p…
Wis. Stat. § 322.060 Article 60 — Action by the convening authority
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322.060 Article 60 — Action by the convening authority. (1) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (2) The accused may submit to the convening authority matters for consideration b…
Wis. Stat. § 322.061 Article 61 — Withdrawal of appeal
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322.061 Article 61 — Withdrawal of appeal. (1) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to appeal. A withdrawal shall be signed by both the accused and hi…
Wis. Stat. § 322.062 Article 62 — Appeal by the state
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322.062 Article 62 — Appeal by the state. (1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal any of the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, …
Wis. Stat. § 322.063 Article 63 — Rehearings
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322.063 Article 63 — Rehearings. Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not …
Wis. Stat. § 322.064 Article 64 — Review by the senior force judge advocate
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322.064 Article 64 — Review by the senior force judge advocate. (1) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not r…
Wis. Stat. § 322.065 Article 65 — Disposition of records after review by the convening authority
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322.065 Article 65 — Disposition of records after review by the convening authority. SUBCHAPTER X PUNITIVE ARTICLES
Wis. Stat. § 322.0675 Article 67a — Review by state appellate authority
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322.0675 Article 67a — Review by state appellate authority. Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the Wisconsin court of appeals, District IV and, if necessary, to the Wisconsin Supreme Court. The appellate…
Wis. Stat. § 322.070 Article 70 — Appellate counsel
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322.070 Article 70 — Appellate counsel. (1) The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in s. 322.0675 and before any federal court when requested to do so by the s…
Wis. Stat. § 322.071 Article 71 — Execution of sentence; suspension of sentence
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322.071 Article 71 — Execution of sentence; suspension of sentence. (1) If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under s. …
Wis. Stat. § 322.072 Article 72 — Vacation of suspension
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322.072 Article 72 — Vacation of suspension. (1) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the…
Wis. Stat. § 322.073 Article 73 — Petition for a new trial
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322.073 Article 73 — Petition for a new trial. At any time within 2 years after approval by the convening authority of a court-martial sentence the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.…
Wis. Stat. § 322.074 Article 74 — Remission and suspension
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322.074 Article 74 — Remission and suspension. (1) Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, includ…
Wis. Stat. § 322.075 Article 75 — Restoration
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322.075 Article 75 — Restoration. (1) Under regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless…
Wis. Stat. § 322.076 Article 76 — Finality of proceedings, findings, and sentences
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322.076 Article 76 — Finality of proceedings, findings, and sentences. The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and di…
Wis. Stat. § 322.0763 Article 76a — Leave required to be taken pending review of certain court-martial convictions
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322.0763 Article 76a — Leave required to be taken pending review of certain court-martial convictions. Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence,…
Wis. Stat. § 322.0767 Article 76b — Competency; commitment for examination and treatment
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322.0767 Article 76b — Competency; commitment for examination and treatment. (1) The following applies to persons who are incompetent to stand trial: (a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or a…
Wis. Stat. § 322.077 Article 77 — Principals
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322.077 Article 77 — Principals. Any person who either commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission, or causes an act to be done which if directly performed by him or her would be punishable is a principal. History: 20…
Wis. Stat. § 322.078 Article 78 — Accessory after the fact
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322.078 Article 78 — Accessory after the fact. Any person who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-…
Wis. Stat. § 322.079 Article 79 — Conviction of lesser included offense
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322.079 Article 79 — Conviction of lesser included offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included. History: 2007 a. 200.
Wis. Stat. § 322.080 Article 80 — Attempts
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322.080 Article 80 — Attempts. (1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (2) Any person who attempts to comm…
Wis. Stat. § 322.081 Article 81 — Conspiracy
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322.081 Article 81 — Conspiracy. Any person who con- 322.085 spires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. History: 2007 a.…
Wis. Stat. § 322.082 Article 82 — Solicitation
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322.082 Article 82 — Solicitation. (1) Any person who solicits or advises another or others to desert in violation of s. 322.085 or mutiny in violation of s. 322.094 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for…
Wis. Stat. § 322.083 Article 83 — Fraudulent enlistment, appointment, or separation
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322.083 Article 83 — Fraudulent enlistment, appointment, or separation. Any person who does any of the following shall be punished as a court-martial may direct: (1) Procures his or her own enlistment or appointment in the state military forces by knowing false representation or …
Wis. Stat. § 322.084 Article 84 — Unlawful enlistment, appointment, or separation
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322.084 Article 84 — Unlawful enlistment, appointment, or separation. Any person who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation be…
Wis. Stat. § 322.085 Article 85 — Desertion
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322.085 Article 85 — Desertion. (1) Any member of the state military forces is guilty of desertion if he or she does any of the following: (a) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom perman…
Wis. Stat. § 322.086 Article 86 — Absence without leave
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322.086 Article 86 — Absence without leave. Any person who, without authority, does any of the following shall be punished as a court-martial may direct: (1) Fails to go to his or her appointed place of duty at the time prescribed. (2) Goes from that place. (3) Absents himself or…
Wis. Stat. § 322.087 Article 87 — Missing movement
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322.087 Article 87 — Missing movement. Any person who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct. History: 2007 a. 200.
Wis. Stat. § 322.088 Article 88 — Contempt toward officials
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322.088 Article 88 — Contempt toward officials. Any commissioned officer who uses contemptuous words against the president, the vice-president, members of congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, or the govern…
Wis. Stat. § 322.089 Article 89 — Disrespect toward superior commissioned officer
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322.089 Article 89 — Disrespect toward superior commissioned officer. Any person who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct. History: 2007 a. 200. 322.090 Article 90 — Assaulting or willfully disobey…
Wis. Stat. § 322.090 Article 90 — Assaulting or willfully disobeying superior commissioned officer
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322.090 Article 90 — Assaulting or willfully disobeying superior commissioned officer.
Wis. Stat. § 322.091 Article 91 — Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
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322.091 Article 91 — Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct: (1) Strikes or assaults a warrant officer, noncommis…
Wis. Stat. § 322.092 Article 92 — Failure to obey order or regulation
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322.092 Article 92 — Failure to obey order or regulation. Any person who does any of the following shall be punished as a court-martial may direct: (1) Violates or fails to obey any lawful general order or regulation. (2) Having knowledge of any other lawful order issued by a mem…
Wis. Stat. § 322.093 Article 93 — Cruelty and maltreatment
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322.093 Article 93 — Cruelty and maltreatment. Any person who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct. History: 2007 a. 200.
Wis. Stat. § 322.0935 Article 93a - Prohibited activities with military recruit or trainee by a person in a position of special trust
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322.0935 Article 93a - Prohibited activities with military recruit or trainee by a person in a position of special trust. (1) In this section: (a) “Applicant for military service” means a person who, under regulations prescribed by the secretary of the relevant military branch, i…
Wis. Stat. § 322.094 Article 94 — Mutiny or sedition
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322.094 Article 94 — Mutiny or sedition. (1) (a) Any person who, with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny. (b) A…
Wis. Stat. § 322.095 Article 95 — Resistance, flight, breach of arrest, and escape
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322.095 Article 95 — Resistance, flight, breach of arrest, and escape. Any person who does any of the following shall be punished as a court-martial may direct: (1) Resists apprehension. (2) Flees from apprehension. (3) Breaks arrest. (4) Escapes from custody or confinement. Hist…
Wis. Stat. § 322.096 Article 96 — Releasing prisoner without proper authority
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322.096 Article 96 — Releasing prisoner without proper authority. Any person who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design causes any prisoner to escape, shall be punished as a court-martial may direct, wheth…
Wis. Stat. § 322.097 Article 97 — Unlawful detention
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322.097 Article 97 — Unlawful detention. Any person who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. History: 2007 a. 200.
Wis. Stat. § 322.098 Article 98 — Noncompliance with procedural rules
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322.098 Article 98 — Noncompliance with procedural rules. (1) Any person who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code shall be punished as a court-martial may direct. (2) Any person who knowingly and int…