Wisconsin Statutes

Wis. Stat. § 322.002 (2026)

Article 2 — Persons subject to this code; jurisdiction

✓ current as of July 2026

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322.002322.002 Article 2 — Persons subject to this code; jurisdiction.

322.002(1)(1) Except as provided in s. 322.003, this code applies only to members of the state military forces at all times.

322.002(2)(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.

322.002 HistoryHistory: 2007 a. 200; 2009 a. 179.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Gen. Court-Martial Case of Riemer v. Riemer, 2017 WI App 48 (Wis. Ct. App. 2017).

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Gen. Court-Martial Case of Riemer v. Riemer, 2017 WI App 48 (Wis. Ct. App. 2017). · cites it 4× “Wis. Stat. § 322.002 (1). Riemer was charged with thirteen offenses based on statements given by a number of recently enlisted female soldiers.”

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