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Wis. Stat. § 322.002

Article 2 - Persons subject to this code; jurisdiction

Applied in 1 court decision — leading case 377 Wis. 2d 189 - General Court-Martial Case of Riemer v. Riemer (2017)

Most recently applied in 377 Wis. 2d 189 - General Court-Martial Case of Riemer v. Riemer (June 2017)

2007 a. 200; 2009 a. 179.

(1) Except as provided in s. 322.003, this code applies only to members of the state military forces at all times.

(2) Subject matter jurisdiction is established if a nexus exists between an offense under this code and the state military force. Courts-martial have primary jurisdiction of military offenses. A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In this case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.