322.094 Article 94—Mutiny or sedition.
322.095 Article 95—Resistance, flight, breach of arrest, and escape.
322.096 Article 96—Releasing prisoner without proper authority.
322.097 Article 97—Unlawful detention.
322.098 Article 98—Noncompliance with procedural rules.
322.099 Article 99—Misbehavior before the enemy.
322.100 Article 100—Subordinate compelling surrender.
322.101 Article 101—Improper use of countersign.
322.102 Article 102—Forcing a safeguard.
322.103 Article 103—Captured or abandoned property.
322.104 Article 104—Aiding the enemy.
322.105 Article 105—Misconduct as prisoner.
322.107 Article 107—False official statements.
322.108 Article 108—Military property — Loss, damage, destruction, or wrongful disposition.
322.109 Article 109—Property other than military property — Waste, spoilage, or destruction.
322.110 Article 110—Improper hazarding of vessel.
322.111 Article 111—Drunken or reckless operation of an all-terrain vehicle, vehicle, snowmobile, aircraft, or vessel.
322.112 Article 112—Drunk on duty.
322.1125 Article 112a—Violations regarding controlled substances.
322.113 Article 113—Misbehavior of sentinel.
322.114 Article 114—Dueling.
322.115 Article 115—Malingering.
322.116 Article 116—Riot or breach of peace.
322.117 Article 117—Provoking speeches or gestures.
322.120 Article 120—Rape and carnal knowledge.
322.121 Article 121—Larceny and wrongful appropriation.
322.122 Article 122—Robbery.
322.123 Article 123—Forgery.
322.1235 Article 123a—Making, drawing, or uttering check, draft, or order without sufficient funds.
322.124 Article 124—Maiming.
322.126 Article 126—Arson.
322.127 Article 127—Extortion.
322.128 Article 128—Assault.
322.129 Article 129—Burglary.
322.130 Article 130—Housebreaking.
322.131 Article 131—Perjury.
322.132 Article 132—Frauds against the government.
322.133 Article 133—Conduct unbecoming an officer and a gentleman.
322.134 Article 134—General section.
SUBCHAPTER XI
MISCELLANEOUS PROVISIONS
322.135 Article 135—Courts of inquiry.
322.136 Article 136—Authority to administer oaths and to act as notary.
322.137 Article 137—Articles to be available.
322.138 Article 138—Complaints of wrongs.
322.139 Article 139—Redress of injuries to property.
322.140 Article 140—Delegation by the governor.
322.141 Article 141—Payment of fees, costs, and expenses.
322.142 Article 142—Payment of fines and disposition.
322.143 Article 143—Uniformity of interpretation.
322.144 Article 144—Immunity for action of military courts.
GENERAL PROVISIONS
322.0001
322.0001
Criminal code interaction. 322.0001(2)
(2) A crime under this code is a crime under
s. 939.12. A felony under this code is a felony under
s. 939.22 (12). A misdemeanor under this code is a misdemeanor under
s. 939.22 (20).
322.0001 History
History: 2007 a. 200.
322.001
322.001
Article 1—Definitions. In this chapter, unless the context otherwise requires:
322.001(1)
(1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
322.001(2)
(2) "Cadet," "candidate," or "midshipman" means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in a state military force.
322.001(3)
(3) "Classified information" means any of the following:
322.001(3)(a)
(a) Any information or material that has been determined by an official of the United States or any state subject to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of state security or national defense or foreign relations of the United States.
322.001(5)
(5) "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under
s. 322.015. The term `commander' has the same meaning as `commanding officer' unless the context otherwise requires.
322.001(6)
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.
322.001(7)
(7) "Day" means calendar day and is not synonymous with the term "unit training assembly." Any punishment authorized by this code which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days.
322.001(8)
(8) "Duty status other than state active duty" means any other type of duty including Unit Training Assemblies or drills but excludes duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from duty.
322.001(9)
(9) "Enemy" includes organized forces of the enemy in time of war, any hostile body that U.S. or state forces may be opposing, such as a rebellious mob or band of renegades, and includes civilians as well as members of military organizations. Enemy is not restricted to the enemy government or its armed forces.
322.001(10)
(10) "Enlisted member" means a person in an enlisted grade.
322.001(11)
(11) "Forfeiture" means a permanent loss of entitlement to pay or allowances and any forfeiture under this code is not a forfeiture for purposes of Article X, Section 2, of the Wisconsin constitution.
322.001(12)
(12) "Judge advocate" means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of another state, and is any of the following:
322.001(12)(a)
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these.
322.001(12)(b)
(b) Certified as an non-federally recognized judge advocate, under regulations promulgated subject to this provision, by the senior judge advocate of the commander of the force in the state military force of which the accused is a member, as competent to perform military justice duties required by this code. If there is no judge advocate available, then certification may be made by the senior judge advocate of the commander of another force in the state military forces, as the convening authority directs.
322.001(13)
(13) "Military court" means a court of inquiry under
s. 322.135 or a court-martial.
322.001(14)
(14) "Military judge" means an official of a general or special court-martial detailed under
s. 322.026.
322.001(15)
(15) "Military offenses" means those offenses prescribed under articles 77, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82, solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87, missing movement; 88, contempt toward officials; 89, disrespect towards superior commissioned officer; 90, assaulting or willfully disobeying superior commissioned officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment; 94, mutiny or sedition; 95, resistance, flight, breach of arrest, and escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98, noncompliance with procedural rules; 99, misbehavior before the enemy; 100, subordinate compelling surrender; 101, improper use of countersign; 102, forcing a safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105, misconduct as prisoner; 107, false official statements; 108, military property — loss, damage, destruction, or wrongful disposition; 109, property other than military property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111, drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty; 112a, wrongful use, or possession of controlled substances; 113, misbehavior of sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking speeches or gestures; 120, rape or carnal knowledge; 121, larceny and wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127, extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury; 132, frauds against the government; 133, conduct unbecoming an officer and a gentleman; and 134, general; of this code.
322.001(16)
(16) "Nonmilitary offenses" mean offenses which are in the state's civilian penal statute and are not offenses in this code.
322.001(17)
(17) "Officer" means a commissioned or warrant officer.
322.001(18)
(18) "Officer in charge" means a member of the naval militia, the navy, the marine corps, or the coast guard as designated by appropriate authority.
322.001(19)
(19) "Record," when used in connection with the proceedings of a court-martial, means any of the following:
322.001(19)(a)
(a) An official written transcript, written summary, or other writing relating to the proceedings.
322.001(19)(b)
(b) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.
322.001(20)
(20) "Senior force commander" means the commander of the same force of the state military forces as the accused.
322.001(21)
(21) "Senior force judge advocate" means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor.
322.001(22)
(22) "State active duty" means full-time duty in the state military forces under an order of the governor or otherwise issued by authority of law, and paid by state funds, and includes travel to and from duty.
322.001(23)
(23) "State military forces" means the Wisconsin army and air national guard, the national guard, as defined in
32 USC 502,
503, or
904, the state defense force, the organized naval militia of the state, and any other military force organized under the Constitution and laws of the state, and does not include the unorganized militia, state guard, or home guard, when not in a status subjecting them to exclusive jurisdiction under 10 USC
ch. 47.
322.001(24)
(24) "Superior commissioned officer" means a commissioned officer superior in rank or command.
