reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.044 - Article 44 — Former jeopardy.

322.044
Article 44 — Former jeopardy.
(1)
No person may, without his or her consent, be tried a 2nd time for the same offense.
(2)
No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial under this section until the finding of guilty has become final after review of the case has been fully completed.
(3)
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial under this section.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.045 - Article 45 — Pleas of the accused.

322.045
Article 45 — Pleas of the accused.
(1)
If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(2)
With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.046 - Article 46 — Opportunity to obtain witnesses and other evidence.

322.046
Article 46 — Opportunity to obtain witnesses and other evidence.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, but which may not be contrary to or inconsistent with this code. Process shall run to any part of the United States, or the territories, commonwealths, and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.047 - Article 47 — Refusal to appear or testify.

322.047
Article 47 — Refusal to appear or testify.
(1)
Any person not subject to this code may be punished by the military court in the same manner as a court of the state, if all of the following apply:
(a)
The person has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before a court.
(b)
The person has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a court of the state.
(c)
The person willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.
(2)
The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.048 - Article 48 — Contempt.

322.048
Article 48 — Contempt.
A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both. A person not subject to this code may be punished for contempt by a military court in the same manner as a court of the state.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.049 - Article 49 — Depositions.

322.049
Article 49 — Depositions.
(1)
At any time after charges have been signed as provided in s. 322.030, any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.
(2)
The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(3)
A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if any of the following apply:
(a)
The witness resides or is beyond the state in which the court is ordered to sit, or beyond one hundred miles from the place of trial or hearing.
(b)
The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.
(c)
The present whereabouts of the witness are unknown.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.050 - Article 50 — Admissibility of records of courts of inquiry.

322.050
Article 50 — Admissibility of records of courts of inquiry.
(1)
In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of evidence.
(2)
Testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(3)
Testimony may also be read in evidence before a court of inquiry.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0505 - Article 50a — Defense of mental disease or defect.

322.0505
Article 50a — Defense of mental disease or defect.
(1)
The accused has an affirmative defense of mental disease or defect in a trial by court-martial if, at the time of the commission of the acts constituting the offense, the accused, as a result of a mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental disease or defect does not otherwise constitute a defense.
(2)
The accused has the burden of proving the defense of mental disease or defect to a reasonable certainty by the greater weight of the credible evidence.
(3)
Whenever lack of mental disease or defect of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the military court as to the defense of mental disease or defect under this section and charge them to find the accused any one of the following:
(a)
Guilty.
(b)
Not guilty.
(c)
Not guilty by reason of mental disease or defect.
(4)
Subsection (3) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever mental disease or defect of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused any one of the following:
(a)
Guilty.
(b)
Not guilty.
(c)
Not guilty by reason of mental disease or defect.
(5)
Notwithstanding the provisions of s. 322.052, the accused shall be found not guilty by reason of mental disease or defect if any of the following apply:
(a)
A majority of the members of the court-martial present at the time the vote is taken determines that the defense of mental disease or defect has been established.
(b)
In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of mental disease or defect has been established.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.051 - Article 51 — Voting and rulings.

322.051
Article 51 — Voting and rulings.
(1)
Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall as soon as possible announce the result of the ballot to the members of the court.
(2)
The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental disease or defect of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects, the court shall be cleared and closed and the question decided by a voice vote as provided in s. 322.052, beginning with the junior in rank.
(3)
Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them with all of the following:
(a)
That the accused shall be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt.
(b)
That, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.
(c)
That, if there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt.
(d)
That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
(4)
Subsections (1), (2), and (3) do not apply to a court-martial composed of a military judge only. The military judge of a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.052 - Article 52 — Number of votes required.

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 the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's mental disease or defect is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.054 - Article 54 — Record of trial.

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 the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose a duty on a member under this subsection.
(2)
A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction, and in all other court-martial cases, the record shall contain matters as may be prescribed by regulations.
(3)
Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations.
(4)
A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.055 - Article 55 — Cruel and unusual punishments prohibited.

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 irons, single or double, except for the purpose of safe custody, is prohibited.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.056 - Article 56 — Maximum limits.

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 military offense for which an accused may receive a sentence of confinement for more than 1 year is a felony offense.
(3)
Except for convictions by a summary court-martial, all other offenses are misdemeanors.
(4)
A conviction by a summary court-martial is not a criminal conviction.
(5)
The limits of punishment for violations of the punitive sections under Subch. X shall be prescribed by the governor according to ss. 322.018 to 322.020, but under no instance shall any punishment exceed that authorized by this code.
History:  2007 a. 200; 2013 a. 165 s. 115.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.057 - Article 57 — Effective date of sentences.

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 after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
(2)
Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(3)
All other sentences of courts-martial are effective on the date ordered executed.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0575 - Article 57a — Deferment of sentences.

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-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(2)
(a)
In any case in which a court-martial sentences an accused referred to in par. (b) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in that paragraph.
(b)
Paragraph (a) applies to a person subject to this code who meets all of the following:
1.
While in the custody of a state, the United States, or a foreign country, is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial.
2.
After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
(3)
In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under s. 322.0675 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
(4)
A sentence of confinement shall address work release privileges.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.058 - Article 58 — Conditions of confinement.

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 any place authorized by this code. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.
(2)
The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so.
(3)
No place of confinement may require payment of any fee or charge for receiving or confining a person except as otherwise provided by law.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0585 - Article 58a — Sentences: reduction in enlisted grade upon approval.

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 member to pay grade E-1, effective on the date of that approval.
(2)
If the sentence of a member who is reduced in pay grade under sub. (1) is set aside or disapproved, or, as finally approved, does not include any punishment named in sub. (1), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0587 - Article 58b — Sentences: forfeiture of pay and allowances during confinement.

322.0587
Article 58b — Sentences: forfeiture of pay and allowances during confinement.
(1)
A court-martial sentence described in sub. (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture subject to this section shall take effect on the date determined under s. 322.057 (1) and may be deferred as provided by that subsection. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during the period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during the period.
(2)
A sentence covered by this section is any sentence that includes any of the following:
(a)
Confinement for more than 6 months.
(b)
Confinement for 6 months or less and a dishonorable or bad-conduct discharge or dismissal.
(3)
In a case involving an accused who has dependents, the convening authority or other person acting under s. 322.060 may waive any or all of the forfeitures of pay and allowances required by sub. (1) for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
(4)
If the sentence of a member who forfeits pay and allowances under sub. (1) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in sub. (2), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
History:  2007 a. 200; 2009 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.059 - Article 59 — Error of law; lesser included offense.

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 power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.061 - Article 61 — Withdrawal of appeal.

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 his or her defense counsel and must be filed in accordance with appellate procedures under ch. 809.
(2)
The accused may withdraw an appeal at any time in accordance with appellate procedures under ch. 809.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.062 - Article 62 — Appeal by the state.

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, or by a judge in a bench trial, so long as it is not made in reconsideration:
(a)
An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
(b)
An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
(c)
An order or ruling which directs the disclosure of classified information.
(d)
An order or ruling which imposes sanctions for nondisclosure of classified information.
(e)
A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information.
(f)
A refusal by the military judge to enforce an order described in par. (e) that has previously been issued by appropriate authority.
(2)
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(3)
An appeal under this section shall be diligently prosecuted as provided by law.
(4)
An appeal under this section shall be forwarded to the court prescribed in s. 322.0675. In ruling on an appeal under this section, that court may act only with respect to matters of law.
(5)
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.063 - Article 63 — Rehearings.

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 guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.065 - Article 65 — Disposition of records after review by the convening authority.

322.065
Article 65 — Disposition of records after review by the convening authority.
Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0675 - Article 67a — Review by state appellate authority.

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 procedures to be followed shall be those provided under ch. 809.
History:  2007 a. 200; 2009 a. 179.
In reviewing sentences under this section, a Wisconsin appellate court will apply the same deferential review it normally applies to sentencing. When it engages in appellate review under this section, the court is to conduct appellate review as would a military appellate court, following the federal Uniform Code of Military Justice and the federal military law interpreting that code, so far as it is “practical” to do so. Applying the relevant dictionary definitions, Wisconsin appellate judges are unable to conduct the sort of independent review required by federal military law in a useful and unspeculative manner. State v. Riemer, 2017 WI App 48, 377 Wis. 2d 189, 900 N.W.2d 326, 16-0398.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.070 - Article 70 — Appellate counsel.

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 state attorney general. Appellate government counsel shall be an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of the state to which the appeal is taken.
(2)
Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
(3)
Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(4)
Upon the request of an accused entitled to be so represented, the state senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subs. (2) and (3).
(5)
An accused may be represented by civilian appellate counsel at no expense to the state.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.071 - Article 71 — Execution of sentence; suspension of sentence.

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. 322.061, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in cases when review is completed by an appellate court prescribed in s. 322.0675, and is deemed final by the law of state where the judgment was had.
(2)
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 waived, or an appeal is withdrawn under s. 322.061, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review under s. 322.064 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under s. 322.060 when so approved under that section.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.072 - Article 72 — Vacation of suspension.

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 probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(2)
The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.
(3)
The suspension of any other sentence may be vacated by 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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.073 - Article 73 — Petition for a new trial.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.074 - Article 74 — Remission and suspension.

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, including all uncollected forfeitures other than a sentence approved by the governor.
(2)
The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.075 - Article 75 — Restoration.

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 a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon the new trial or rehearing.
(2)
If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.
(3)
If a previously executed sentence of dismissal is not imposed on a new trial, the governor may substitute a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to a commissioned grade and rank as in the opinion of the governor that former officer would have attained had he or she not been dismissed. The reappointment of a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.076 - Article 76 — Finality of proceedings, findings, and sentences.

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 discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken subject to those proceedings are binding upon all departments, courts, agencies, and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in s. 322.073 and to action under s. 322.074.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0763 - Article 76a — Leave required to be taken pending review of certain court-martial convictions.

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, as approved under s. 322.060, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin leave on the date on which the sentence is approved under s. 322.060 or at any time after that date, and any leave may be continued until the date on which action under this section is completed or may be terminated at any earlier time.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.077 - Article 77 — Principals.

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:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.078 - Article 78 — Accessory after the fact.

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-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.079 - Article 79 — Conviction of lesser included offense.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.080 - Article 80 — Attempts.

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 commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(3)
Any person may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.081 - Article 81 — Conspiracy.

322.081
Article 81 — Conspiracy.
Any person who conspires 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. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.082 - Article 82 — Solicitation.

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 the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
(2)
Any person who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of s. 322.099 or sedition in violation of s. 322.094 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.083 - Article 83 — Fraudulent enlistment, appointment, or separation.

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 deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder.
(2)
Procures his or her own separation from the state military forces by knowing false representation or deliberate concealment as to his or her eligibility for that separation.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.084 - Article 84 — Unlawful enlistment, appointment, or separation.

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 because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.085 - Article 85 — Desertion.

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 permanently.
(b)
Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.
(c)
Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States.
(2)
Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3)
Any person found guilty of desertion or attempt to desert 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 desertion or attempt to desert occurs at any other time, by punishment as a court-martial may direct.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.086 - Article 86 — Absence without leave.

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 herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.087 - Article 87 — Missing movement.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.088 - Article 88 — Contempt toward officials.

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 governor or legislature of the state of Wisconsin shall be punished as a court-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.089 - Article 89 — Disrespect toward superior commissioned officer.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.090 - Article 90 — Assaulting or willfully disobeying superior commissioned officer.

322.090
Article 90 — Assaulting or willfully disobeying superior commissioned officer.
A court-martial may direct punishment on any person who does any of the following:
(1)
Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office.
(2)
Willfully disobeys a lawful command of his or her superior commissioned officer.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.091 - Article 91 — Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

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, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.
(2)
Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.
(3)
Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.092 - Article 92 — Failure to obey order or regulation.

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 member of the state military forces, which it is his or her duty to obey, fails to obey the order.
(3)
Is derelict in the performance of his or her duties.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.093 - Article 93 — Cruelty and maltreatment.

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.