reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.094 - Article 94 — Mutiny or sedition.

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)
Any person who, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.
(c)
Any person who fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(2)
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.095 - Article 95 — Resistance, flight, breach of arrest, and escape.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.096 - Article 96 — Releasing prisoner without proper authority.

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, whether or not the prisoner was committed in strict compliance with law.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.097 - Article 97 — Unlawful detention.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.098 - Article 98 — Noncompliance with procedural rules.

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 intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused shall be punished as a court-martial may direct.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.099 - Article 99 — Misbehavior before the enemy.

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 military property which it is his or her duty to defend.
(3)
Through disobedience, neglect, or intentional misconduct endangers the safety of any command, unit, place, or military property.
(4)
Casts away his or her arms or ammunition.
(5)
Is guilty of cowardly conduct.
(6)
Quits his or her place of duty to plunder or pillage.
(7)
Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces.
(8)
Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy.
(9)
Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.100 - Article 100 — Subordinate compelling surrender.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.101 - Article 101 — Improper use of countersign.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.102 - Article 102 — Forcing a safeguard.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.103 - Article 103 — Captured or abandoned property.

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 all captured or abandoned property in their possession, custody, or control.
(2)
Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(a)
Fails to carry out the duties prescribed in sub. (1).
(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.
(c)
Engages in looting or pillaging.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.104 - Article 104 — Aiding the enemy.

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 protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.105 - Article 105 — Misconduct as prisoner.

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 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.
(2)
While in a position of authority over such persons maltreats them without justifiable cause.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.107 - Article 107 — False official statements.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.108 - Article 108 — Military property — Loss, damage, destruction, or wrongful disposition.

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 United States, the State, or of any state.
(2)
Willfully or through neglect damages, destroys, or loses any military property of the United States, the state, or of any state.
(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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.109 - Article 109 — Property other than military property — Waste, spoilage, or destruction.

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.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.110 - Article 110 — Improper hazarding of vessel.

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 direct.
(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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.111 - Article 111 — Drunken or reckless operation of certain vehicles, vessels, and aircraft.

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.
History:  2007 a. 200; 2011 a. 208; 2015 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.1125 - Article 112a — Violations regarding controlled substances.

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.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.113 - Article 113 — Misbehavior of sentinel.

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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.114 - Article 114 — Dueling.

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.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.115 - Article 115 — Malingering.

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-injury.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.117 - Article 117 — Provoking speeches or gestures.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.1201 - Article 120a — Stalking.

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 combination of such threats, directed at or toward a specific person.
(b)
“Immediate family" means a spouse, parent, son, daughter, or sibling of the person, or a relative or intimate partner of the person who regularly resides in the household of the person or who within the six months preceding the commencement of a course of conduct regularly resided in the household of the person.
(c)
“Repeated," with respect to a course of conduct, means two or more occasions of such conduct.
(2)
Any person subject to this chapter who does all of the following is guilty of stalking and shall be punished as a court-martial may direct:
(a)
Wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family.
(b)
Has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family.
(c)
Commits acts that induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family.
History:  2013 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.1203 - Article 120c — Other sexual misconduct.

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 the intent that it be viewed by a person.
(c)
“Distribute" means delivering to the actual or constructive possession of another, including transmission by electronic means.
(d)
“Indecent manner" means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
(e)
“Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
(f)
“Under circumstances in which that other person has a reasonable expectation of privacy" means any of the following:
1.
Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured.
2.
Circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
(2)
Any person subject to this chapter who, without legal justification or lawful authorization, does any of the following is guilty of sexual misconduct and shall be punished as a court-martial may direct:
(a)
Knowingly and wrongfully views the private area of another person, without that other person's consent and under circumstances in which that other person has a reasonable expectation of privacy.
(b)
Knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person's consent and under circumstances in which that other person has a reasonable expectation of privacy.
(c)
Knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in pars. (a) and (b).
(3)
Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
(4)
Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall be punished as a court-martial may direct.
History:  2013 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.121 - Article 121 — Larceny and wrongful appropriation.

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 deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property, is guilty of larceny, and shall be punished as a court-martial may direct.
(2)
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 temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation and shall be punished as a court-martial may direct.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.122 - Article 122 — Robbery.

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 person or property of a relative or member of his or her family or of anyone in his or her company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.123 - Article 123 — Forgery.

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, apparently impose a legal liability on another or change his or her legal right or liability to his or her prejudice.
(2)
Utters, offers, issues, or transfers a writing, known by him or her to be so made or altered.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.1235 - Article 123a — Making, drawing, or uttering check, draft, or order without sufficient funds.

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 intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment shall be punished as a court martial may direct.
(2)
The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of his or her intent to defraud or deceive and of his or her knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within 5 days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment.
(3)
In this section, the word “credit" means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.124 - Article 124 — Maiming.

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)
Destroys or disables any member or organ of his or her body.
(3)
Seriously diminishes his or her physical vigor by the injury of any member or organ.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.126 - Article 126 — Arson.

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 as a court-martial may direct.
(2)
Any person who willfully and maliciously burns or sets fire to the property of another, except as provided in sub. (1), is guilty of simple arson and shall be punished as a court-martial may direct.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.127 - Article 127 — Extortion.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.128 - Article 128 — Assault.

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 who commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm is guilty of aggravated assault and shall be punished as a court-martial may direct.
(3)
Any person who commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault and shall be punished as a court-martial may direct.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.129 - Article 129 — Burglary.

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 court-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.130 - Article 130 — Housebreaking.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.131 - Article 131 — Perjury.

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, gives any false testimony material to the issue or matter of inquiry.
(2)
In any declaration, certificate, verification, or statement under penalty or perjury as permitted under 28 USC 1746, subscribes any false statement material to the issue or matter of inquiry.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.132 - Article 132 — Frauds against the government.

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 States, the state, any state, or any officer:
(a)
Makes or presents a claim.
(b)
Makes or uses any writing or other paper.
(c)
Makes any oath, affirmation or certification to any fact or to any writing or other paper.
(2)
For the purpose of defrauding the United States, the state, any state, or any officer:
(a)
Forges or counterfeits any signature upon any writing or other paper, or uses any signature knowing it to be forged or counterfeited.
(b)
Delivers to any person having authority to receive it, any amount less than that for which he or she receives a certificate or receipt.
(c)
Makes or delivers to any person, a writing without having full knowledge of the truth of the statements contained in the writing.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.133 - Article 133 — Conduct unbecoming an officer and a gentleman.

322.133
Article 133 — Conduct unbecoming an officer and a gentleman.
Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.134 - Article 134 — General section.

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 taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined under s. 322.002 (2).
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.135 - Article 135 — Courts of inquiry.

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 of inquiry consists of 3 or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
(3)
Any person whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(4)
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(5)
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(6)
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(7)
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(8)
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.136 - Article 136 — Authority to administer oaths and to act as notary.

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 adjutants, acting adjutants, and personnel adjutants.
(d)
All commanding officers of the naval militia.
(e)
All other persons designated by regulations of the armed forces of the United States or by statute.
(2)
The following persons may administer oaths necessary in the performance of their duties:
(a)
The president, military judge, and trial counsel for all general and special courts-martial.
(b)
The president and the counsel for the court of any court of inquiry.
(c)
All officers designated to take a deposition.
(d)
All persons detailed to conduct an investigation.
(e)
All recruiting officers.
(f)
All other persons designated by regulations of the armed forces of the United States or by statute.
(3)
The signature without seal of any of the above persons, together with the title of his or her office, is prima facie evidence of the person's authority.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.137 - Article 137 — Articles to be available.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.138 - Article 138 — Complaints of wrongs.

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, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the adjutant general a true statement of that complaint, with the proceedings.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.139 - Article 139 — Redress of injuries to property.

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 commanding officer may, under the regulations prescribed, investigate the complaint. The commanding officer may summon witnesses and examine them upon oath, receive depositions or other documentary evidence, and assess the damages sustained against the responsible party. The assessment of damages made by the investigator is subject to the approval of the commanding officer. The amount assessed by the commanding officer shall be charged against the pay of the offender. The order of the commanding officer directing charges is conclusive on any disbursing officer for payment to the injured party of the damages so assessed and approved.
(2)
If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in proportion as may be considered just upon the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
History:  2007 a. 200; 2013 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.140 - Article 140 — Delegation by the governor.

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.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.141 - Article 141 — Payment of fees, costs, and expenses.

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 other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid by the Wisconsin national guard.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.142 - Article 142 — Payment of fines and disposition.

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 the following manner:
(a)
By cash, cashier's check, or money order.
(b)
By retention of any pay or allowances due or to become due the person fined from any state or the United States.
(c)
By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
(2)
Any sum so received or retained shall be deposited with the Wisconsin national guard or to where the court so directs.
(3)
Nothing in this code shall be construed to prohibit restitution.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.143 - Article 143 — Uniformity of interpretation.

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 court will apply the same deferential review it normally applies to sentencing. When it engages in appellate review under s. 322.0675, 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. › 322.144 - Article 144 — Immunity for action of military courts.

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 part of their duties under this code.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.01 - Declaration of policy.

323.01
Declaration of policy.
(1)
To prepare the state and its subdivisions to cope with emergencies resulting from a disaster, or the imminent threat of a disaster, it is declared to be necessary to establish an organization for emergency management, conferring upon the governor and others specified the powers and duties provided by this chapter.
(2)
Unless otherwise specified by law, the role of any state agency, including the department of military affairs and the division, in an emergency declared under this chapter, is to assist local units of government and local law enforcement agencies in responding to a disaster or the imminent threat of a disaster.
(3)
This chapter may not limit or in any way affect the responsibility of the American National Red Cross as authorized by the congress of the United States.
History:  1979 c. 361 s. 52; 1995 a. 247; 2009 a. 42 ss. 49, 50, 108, 119; Stats. 2009 s. 323.01.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.10 - Declaration by governor.

323.10
Declaration by governor.
The governor may issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from a disaster or the imminent threat of a disaster exists. If the governor determines that a public health emergency exists, he or she may issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency. If the governor determines that the emergency is related to computer or telecommunication systems, he or she may designate the department of administration as the lead agency to respond to that emergency. A state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature. A copy of the executive order shall be filed with the secretary of state. The executive order may be revoked at the discretion of either the governor by executive order or the legislature by joint resolution.
History:  2009 a. 42 s. 72; Stats. 2009 s. 323.10.
This section specifies that no state of emergency may last longer than 60 days unless it is extended by joint resolution of the legislature and that the legislature may cut short a state of emergency by joint resolution. This section contemplates that the power to end and to refuse to extend a state of emergency resides with the legislature even when the underlying occurrence creating the emergency remains a threat. Therefore, when a governor relies on the same enabling condition for multiple states of emergency, or declares a new state of emergency to replace a state of emergency terminated by the legislature, the governor acts contrary to the statute's plain meaning. Fabick v. Evers, 2021 WI 28, 396 Wis. 2d 231, 956 N.W.2d 856, 20-1718.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.11 - Declaration by local government.

323.11
Declaration by local government.
The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.
History:  2009 a. 42 s. 233; Stats. 2009 s. 323.11.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.15 - Heads of emergency management; duties and powers.

323.15
Heads of emergency management; duties and powers.
(1)
Ongoing duties.
(a)
The head of emergency management for each local unit of government shall implement the plan adopted under s. 323.14 (1) (a) 1. or (b) 1., whichever is applicable, and perform such other duties related to emergency management as are required by the governing body and the emergency management committee of the governing body when applicable. The emergency management plans shall require the use of the incident command system by all emergency response agencies, including local health departments, during a state of emergency declared under s. 323.10 or 323.11.
(b)
The head of emergency management for each county shall coordinate and assist in developing city, village, and town emergency management plans within the county, integrate the plans with the county plan, advise the department of military affairs of all emergency management planning in the county and submit to the adjutant general the reports that he or she requires, direct and coordinate emergency management activities throughout the county during a state of emergency, and direct countywide emergency management training programs and exercises.
(c)
The head of emergency management in each city, village and town shall do all of the following:
1.
Direct local emergency management training programs and exercises.
2.
Direct participation in emergency management programs and exercises that are ordered by the adjutant general or the county head of emergency management.
3.
Advise the county head of emergency management on local emergency management programs.
4.
Submit to the county head of emergency management any reports he or she requires.
(4)
Powers during an emergency. During a state of emergency declared by the governor, the head of emergency management for each local unit of government, on behalf of his or her respective local unit of government, may contract with any person to provide equipment and services on a cost basis to be used to respond to a disaster, or the imminent threat of a disaster.
History:  2009 a. 42 ss. 104 to 107, 300, 301; Stats. 2009 s. 323.15.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.16 - Powers of law enforcement officers.

323.16
Powers of law enforcement officers.
During any state of emergency declared by the governor or during any training program or exercises authorized by the adjutant general, any law enforcement officer, when legally engaged in traffic control, escort duty, or protective service, may carry out the functions anywhere in the state but shall be subject to the direction of the adjutant general through the sheriff of the county in which an assigned function is performed.
History:  2009 a. 42 s. 118; Stats. 2009 s. 323.16.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.17 - State traffic patrol officers and conservation wardens.

323.17
State traffic patrol officers and conservation wardens.
If the governor calls out the state traffic patrol or conservation warden service, or members of the patrol or service, under s. 323.12 (2) (c), the state traffic patrol officers or conservation wardens subject to the call shall have the powers of a law enforcement officer for the duration determined by the governor, except that the officers and wardens may not be used in or take part in any dispute or controversy between an employer and employee concerning wages, hours, labor, or working conditions.
History:  2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.19 - State official authority to grant variances to statutes and rules for a disaster.

323.19
State official authority to grant variances to statutes and rules for a disaster.
(1)
The secretary of health services may grant a hospital a variance to or a waiver from a requirement for hospitals as provided in s. 50.36 (6m).
(2)
The pharmacy examining board may grant a variance to ch. 450 or a rule promulgated under ch. 450 in response to a disaster as provided in s. 450.02 (3m).
(3)
Based on guidance provided by the secretary of health services, the head of each state agency and each local health department shall determine which public employee positions within the respective state agency or local government are critical during the public health emergency declared on March 12, 2020, by executive order 72, for the purposes of s. 40.26 (5m) and (6) (b).
(4)
(a)
In this subsection, “state entity” means any state agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law that is entitled to expend moneys appropriated by law, including the legislature, the courts, and any authority.
(b)
During the public health emergency declared on March 12, 2020, by executive order 72, the head or governing body of a state entity may waive a requirement imposed, administered, or enforced by the state entity that an individual appear in person if the head or governing body finds that the waiver assists in the state's response to the public health emergency or that enforcing the requirement may increase the public health risk.
History:  2009 a. 42; 2011 a. 260 s. 80; 2013 a. 236; 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.20 - Emergency use of vehicles.

323.20
Emergency use of vehicles.
In responding to an official request for help during any declared state of emergency, any person may operate a boat or any motor vehicle, including a snowmobile, all-terrain vehicle, or utility terrain vehicle, that is not registered in this state.
History:  2009 a. 42 s. 109; Stats. 2009 s. 323.20; 2011 a. 208.