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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Code of Military Justice is amended | ||||||
5 | by changing Sections 79, 81, 82, 83, 84, 87, 89, 90, 95, 96, | ||||||
6 | 98, 103, 104, 105, 106, 106a, 107, 110, 112, 113, 115, 123, | ||||||
7 | 124, 132, and 133 and by adding Sections 87a, 87b, 93a, 95a, | ||||||
8 | 103a, 103b, 104a, 104b, 105a, 107a, 108a, 109a, 119a, 119b, | ||||||
9 | 120a, 120b, 120c, 121a, 122a, 124a, 124b, 128a, 131a, 131b, | ||||||
10 | 131c, 131d, 131e, 131f, and 131g as follows: | ||||||
11 | (20 ILCS 1807/79)
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12 | Sec. 79. Article 79. Conviction of lesser included offense | ||||||
13 | charged, lesser included offenses, and attempts . | ||||||
14 | (a) An accused may be found guilty of any of the following: | ||||||
15 | an offense necessarily included in the offense charged or of an | ||||||
16 | attempt to commit either the offense charged or an offense | ||||||
17 | necessarily included therein.
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18 | (1) The offense charged. | ||||||
19 | (2) A lesser included offense. | ||||||
20 | (3) An attempt to commit the offense charged. | ||||||
21 | (4) An attempt to commit a lesser included offense, if | ||||||
22 | the attempt is an offense in its own right. | ||||||
23 | (b) In this Article, "lesser included offense" means: |
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1 | (1) an offense that is necessarily included in the | ||||||
2 | offense charged; and | ||||||
3 | (2) any lesser included offense so designated by | ||||||
4 | regulation prescribed by the Governor. | ||||||
5 | (c) Any designation of a lesser included offense in a | ||||||
6 | regulation referred to in subsection (b) shall be reasonably | ||||||
7 | included in the greater offense. | ||||||
8 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
9 | (20 ILCS 1807/81)
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10 | Sec. 81. Article 81. Conspiracy. | ||||||
11 | (a) Any person subject to this Code who conspires with any | ||||||
12 | other person to commit an offense under this Code shall, if one | ||||||
13 | or more of the conspirators does an act to effect the object of | ||||||
14 | the conspiracy, be punished as a court-martial may direct.
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15 | (b) Any person subject to this Code who conspires with any | ||||||
16 | other person to commit an offense under the law of war, and who | ||||||
17 | knowingly does an overt act to affect the object of the | ||||||
18 | conspiracy, shall be punished as a court-martial may direct. | ||||||
19 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
20 | (20 ILCS 1807/82)
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21 | Sec. 82. Article 82. Soliciting commission of offenses | ||||||
22 | Solicitation . | ||||||
23 | (a) Any person subject to this Code who solicits or advises | ||||||
24 | another to commit an offense under this Code (other than an |
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1 | offense specified in subsection (b)) shall be punished as a | ||||||
2 | court-martial may direct. Any person subject to this Code who | ||||||
3 | solicits or advises another or others to desert in violation of | ||||||
4 | Article 85 of this Code or mutiny in violation of Article 94 of | ||||||
5 | this Code shall, if the offense solicited or advised is | ||||||
6 | attempted or committed, be punished with the punishment | ||||||
7 | provided for the commission of the offense, but, if the offense | ||||||
8 | solicited or advised is not committed or attempted, the person | ||||||
9 | shall be punished as a court-martial may direct. | ||||||
10 | (b) Any person subject to this Code who solicits or advises | ||||||
11 | another to violate Article 85 of this Code, Article 94 of this | ||||||
12 | title, or Article 99 of this Code: Any person subject to this | ||||||
13 | Code who solicits or advises another or others to commit an act | ||||||
14 | of misbehavior before the enemy in violation of Article 99 of | ||||||
15 | this Code or sedition in violation of Article 94 of this Code | ||||||
16 | shall, if the offense solicited or advised is committed, be | ||||||
17 | punished with the punishment provided for the commission of the | ||||||
18 | offense, but, if the offense solicited or advised is not | ||||||
19 | committed, the person shall be punished as a court-martial may | ||||||
20 | direct.
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21 | (1) if the offense solicited or advised is attempted or | ||||||
22 | is committed, shall be punished with the punishment | ||||||
23 | provided for the commission of the offense; and | ||||||
24 | (2) if the offense solicited or advised is not | ||||||
25 | attempted or committed, shall be punished as a | ||||||
26 | court-martial may direct. |
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1 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
2 | (20 ILCS 1807/83)
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3 | Sec. 83. Article 83. Malingering Fraudulent enlistment, | ||||||
4 | appointment, or separation . Any person subject to this Code | ||||||
5 | who, with the intent to avoid work, duty, or service who : | ||||||
6 | (1) feigns illness, physical disablement, mental | ||||||
7 | lapse, or mental derangement procures his own enlistment or | ||||||
8 | appointment in the State military forces by knowingly false | ||||||
9 | representation or deliberate concealment as to his | ||||||
10 | qualifications for that enlistment or appointment and | ||||||
11 | receives pay or allowances thereunder ; or | ||||||
12 | (2) intentionally inflicts self-injury procures his | ||||||
13 | own separation from the State military forces by knowingly | ||||||
14 | false representation or deliberate concealment as to his | ||||||
15 | eligibility for that separation ;
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16 | shall be punished as a court-martial may direct.
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17 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
18 | (20 ILCS 1807/84)
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19 | Sec. 84. Article 84. Breach of medical quarantine Unlawful | ||||||
20 | enlistment, appointment, or separation . Any person subject to | ||||||
21 | this Code : who effects an enlistment or appointment in or a | ||||||
22 | separation from the State military forces of any person who is | ||||||
23 | known to him to be ineligible for that enlistment, appointment, | ||||||
24 | or separation because it is prohibited by law, regulation, or |
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1 | order | ||||||
2 | (1) who is ordered into medical quarantine by a person | ||||||
3 | authorized to issue such order; and | ||||||
4 | (2) who, with knowledge of the quarantine and the | ||||||
5 | limits of the quarantine, goes beyond those limits before | ||||||
6 | being released from the quarantine by proper authority; | ||||||
7 | shall be punished as a court-martial may direct.
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8 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
9 | (20 ILCS 1807/87)
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10 | Sec. 87. Article 87. Missing movement ; jumping from vessel . | ||||||
11 | (a) Any person subject to this Code who through neglect or | ||||||
12 | design misses the movement of a ship, aircraft, or unit with | ||||||
13 | which he is required in the course of duty to move shall be | ||||||
14 | punished as a court-martial may direct.
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15 | (b) Any person subject to this Code who wrongfully and | ||||||
16 | intentionally jumps into the water from a vessel in use by the | ||||||
17 | State military forces shall be punished as a court-martial may | ||||||
18 | direct. | ||||||
19 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
20 | (20 ILCS 1807/87a new) | ||||||
21 | Sec. 87a. Article 87a. Resistance, flight, breach of | ||||||
22 | arrest, and escape. Any person subject to this Code who: | ||||||
23 | (1) resists apprehension; | ||||||
24 | (2) flees from apprehension; |
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1 | (3) breaks arrest; or | ||||||
2 | (4) escapes from custody or confinement; | ||||||
3 | shall be punished as a court-martial may direct. | ||||||
4 | (20 ILCS 1807/87b new) | ||||||
5 | Sec. 87b. Article 87b. (Reserved). | ||||||
6 | (20 ILCS 1807/89)
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7 | Sec. 89. Article 89. Disrespect toward superior | ||||||
8 | commissioned officer ; assault of superior commissioned | ||||||
9 | officer . | ||||||
10 | (a) Any person subject to this Code who behaves with | ||||||
11 | disrespect toward his superior commissioned officer shall be | ||||||
12 | punished as a court-martial may direct.
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13 | (b) Any person subject to this Code who strikes that | ||||||
14 | person's superior commissioned officer or draws or lifts up any | ||||||
15 | weapon or offers any violence against that officer while the | ||||||
16 | officer is in the execution of the officer's
office shall be | ||||||
17 | punished as a court-martial may direct. | ||||||
18 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
19 | (20 ILCS 1807/90)
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20 | Sec. 90. Article 90. Willfully Assaulting or willfully | ||||||
21 | disobeying superior commissioned officer. Any person subject | ||||||
22 | to this Code who willfully disobeys a lawful command of that | ||||||
23 | person's superior commissioned officer shall be punished as a |
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1 | court-martial may direct. : | ||||||
2 | (1) strikes his superior commissioned officer or draws | ||||||
3 | or lifts up any weapon or offers any violence against him | ||||||
4 | while he is in the execution of his office; or | ||||||
5 | (2) willfully disobeys a lawful command of his superior | ||||||
6 | commissioned officer;
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7 | shall be punished, if the offense is committed in time of war, | ||||||
8 | by confinement of not more than 10 years or such other | ||||||
9 | punishment as a court-martial may direct, and if the offense is | ||||||
10 | committed at any other time, by such punishment as a | ||||||
11 | court-martial may direct.
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12 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
13 | (20 ILCS 1807/93a new) | ||||||
14 | Sec. 93a. Article 93a. Prohibited activities with military | ||||||
15 | recruit or trainee by person in position of special trust. | ||||||
16 | (a) Any person subject to this Code: | ||||||
17 | (1) who is an officer, a noncommissioned officer, or a | ||||||
18 | petty officer; | ||||||
19 | (2) who is in a training leadership position with | ||||||
20 | respect to a specially protected junior member of the State | ||||||
21 | military forces; and | ||||||
22 | (3) who engages in prohibited sexual activity with such | ||||||
23 | specially protected junior member of the State military | ||||||
24 | forces; | ||||||
25 | shall be punished as a court-martial may direct. |
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1 | (b) Any person subject to this Code: | ||||||
2 | (1) who is a military recruiter and engages in | ||||||
3 | prohibited sexual activity with an applicant for military | ||||||
4 | service; or | ||||||
5 | (2) who is a military recruiter and engages in | ||||||
6 | prohibited sexual activity with a specially protected | ||||||
7 | junior member of the State military forces who is enlisted | ||||||
8 | under a delayed entry program;
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9 | shall be punished as a court-martial may direct. | ||||||
10 | (c) Consent is not a defense for any conduct at issue in a | ||||||
11 | prosecution under this Article. | ||||||
12 | (d) In this Article: | ||||||
13 | (1) "Specially protected junior member of the State | ||||||
14 | military forces" means: | ||||||
15 | (A) a member of the State military forces who is | ||||||
16 | assigned to, or is awaiting assignment to, basic | ||||||
17 | training or other initial active duty for training, | ||||||
18 | including a member who is enlisted under a delayed | ||||||
19 | entry program; | ||||||
20 | (B) a member of the State military forces who is a | ||||||
21 | cadet, a midshipman, an officer candidate, or a student | ||||||
22 | in any other officer qualification program; and | ||||||
23 | (C) a member of the State military forces in any | ||||||
24 | program that, by regulation prescribed by the | ||||||
25 | Secretary of the Army or the Air Force, is identified | ||||||
26 | as a training program for initial career |
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1 | qualification. | ||||||
2 | (2) "Training leadership position" means, with respect | ||||||
3 | to a specially protected junior member of the State | ||||||
4 | military forces, any of the following: | ||||||
5 | (A) Any drill instructor position or other | ||||||
6 | leadership position in a basic training program, an | ||||||
7 | officer candidate school, a reserve officers' training
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8 | corps unit, a training program for entry into the State | ||||||
9 | military forces, or any program that, by regulation | ||||||
10 | prescribed by the Secretary of the Army or the Air | ||||||
11 | Force, is identified as a training program for initial | ||||||
12 | career qualification. | ||||||
13 | (B) Faculty and staff of a State military academy, | ||||||
14 | a regional training institute, or any other formal | ||||||
15 | military education program. | ||||||
16 | (3) "Applicant for military service" means a person | ||||||
17 | who, under regulations
prescribed by the Secretary of the | ||||||
18 | Army or the Air Force, is an applicant for original | ||||||
19 | enlistment or appointment in the State military forces. | ||||||
20 | (4) "Military recruiter" means a person who, under | ||||||
21 | regulations prescribed by the Secretary of the Army or the | ||||||
22 | Air Force, has the primary duty to recruit persons for | ||||||
23 | military
service. | ||||||
24 | (5) "Prohibited sexual activity" means, as specified | ||||||
25 | in regulations prescribed by the Secretary of the Army or | ||||||
26 | the Air Force, inappropriate physical intimacy under
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1 | circumstances described in such regulations. | ||||||
2 | (20 ILCS 1807/95)
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3 | Sec. 95. Article 95. Offenses by sentinel or lookout | ||||||
4 | Resistance, flight, breach of arrest, and escape . | ||||||
5 | (a) Any sentinel or lookout who is drunk on post, who | ||||||
6 | sleeps on post, or who leaves post before being regularly | ||||||
7 | relieved shall be punished as a court-martial may direct. | ||||||
8 | (b) Any sentinel or lookout who loiters or wrongfully sits | ||||||
9 | down on post shall be punished as a court-martial may direct. | ||||||
10 | Any person subject to this Code who: | ||||||
11 | (1) resists apprehension; | ||||||
12 | (2) flees from apprehension; | ||||||
13 | (3) breaks arrest; or | ||||||
14 | (4) escapes from custody or confinement;
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15 | shall be punished as a court-martial may direct.
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16 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
17 | (20 ILCS 1807/95a new) | ||||||
18 | Sec. 95a. Article 95a. Disrespect toward sentinel or | ||||||
19 | lookout. | ||||||
20 | (a) Any person subject to this Code who, knowing that | ||||||
21 | another person is
a sentinel or lookout, uses wrongful and | ||||||
22 | disrespectful language that is directed toward and within the | ||||||
23 | hearing of the sentinel or lookout, who is
in the execution of | ||||||
24 | duties as a sentinel or lookout, shall be punished as a |
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1 | court-martial may direct. | ||||||
2 | (b) Any person subject to this Code who, knowing that | ||||||
3 | another person is
a sentinel or lookout, behaves in a wrongful | ||||||
4 | and disrespectful manner that is directed toward and within the | ||||||
5 | sight of the sentinel or lookout, who is in
the execution of | ||||||
6 | duties as a sentinel or lookout, shall be punished as a | ||||||
7 | court-martial may direct. | ||||||
8 | (20 ILCS 1807/96)
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9 | Sec. 96. Article 96. Release of Releasing prisoner without | ||||||
10 | proper authority ; drinking with prisoner . | ||||||
11 | (a) Any person subject to this Code: Any person subject to | ||||||
12 | this Code who, without proper authority, releases any prisoner | ||||||
13 | committed to his charge, or who through neglect or design | ||||||
14 | suffers any such prisoner to escape, shall be punished as a | ||||||
15 | court-martial may direct, whether or not the prisoner was | ||||||
16 | committed in strict compliance with law.
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17 | (1) who, without authority to do so, releases a | ||||||
18 | prisoner; or | ||||||
19 | (2) who, through neglect or design, allows a prisoner | ||||||
20 | to escape; | ||||||
21 | shall be punished as a court-martial may direct, whether or not | ||||||
22 | the prisoner was
committed in strict compliance with the law. | ||||||
23 | (b) Any person subject to this Code who unlawfully drinks | ||||||
24 | any alcoholic beverage with a prisoner shall be punished as a | ||||||
25 | court-martial may direct. |
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1 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
2 | (20 ILCS 1807/98)
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3 | Sec. 98. Article 98. Misconduct as prisoner Noncompliance | ||||||
4 | with procedural rules . Any person subject to this Code who , | ||||||
5 | while in the hand of the enemy in time of war : | ||||||
6 | (1) for the purpose of securing favorable treatment by | ||||||
7 | his captors acts without proper authority in a manner | ||||||
8 | contrary to law, custom, or regulation, to the detriment of | ||||||
9 | others of whatever nationality held by the enemy as | ||||||
10 | civilian or military prisoners is responsible for | ||||||
11 | unnecessary delay in the disposition of any case of a | ||||||
12 | person accused of an offense under this Code ; or | ||||||
13 | (2) while in a position of authority over such persons | ||||||
14 | maltreats them without justifiable cause knowingly and | ||||||
15 | intentionally fails to enforce or comply with any provision | ||||||
16 | of this Code regulating the proceedings before, during, or | ||||||
17 | after trial of an accused ;
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18 | shall be punished as a court-martial may direct.
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19 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
20 | (20 ILCS 1807/103)
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21 | Sec. 103. Article 103. (Reserved). Captured or abandoned | ||||||
22 | property. | ||||||
23 | (a) All persons subject to this Code shall secure all | ||||||
24 | public property taken for the service of the United States or |
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1 | this State, and shall give notice and turn over to the proper | ||||||
2 | authority without delay all captured or abandoned property in | ||||||
3 | their possession, custody, or control. | ||||||
4 | (b) Any person subject to this Code who: | ||||||
5 | (1) fails to carry out the duties prescribed in | ||||||
6 | subsection (a); | ||||||
7 | (2) buys, sells, trades, or in any way deals in or | ||||||
8 | disposes of taken, captured, or abandoned property, | ||||||
9 | whereby he receives or expects any profit, benefit, or | ||||||
10 | advantage to himself or another directly or indirectly | ||||||
11 | connected with himself; or
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12 | (3) engages in looting or pillaging;
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13 | shall be punished as a court-martial may direct.
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14 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
15 | (20 ILCS 1807/103a new) | ||||||
16 | Sec. 103a. Article 103a. (Reserved). | ||||||
17 | (20 ILCS 1807/103b new) | ||||||
18 | Sec. 103b. Article 103b. Aiding the enemy. Any person who: | ||||||
19 | (1) aids, or attempts to aid, the enemy with arms, | ||||||
20 | ammunition, supplies, money, or other things; or | ||||||
21 | (2) without proper authority, knowingly harbors or | ||||||
22 | protects or gives intelligence to, or communicates or | ||||||
23 | corresponds with or holds any intercourse with the enemy, | ||||||
24 | either directly or indirectly;
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1 | shall be punished as a court-martial may direct. | ||||||
2 | (20 ILCS 1807/104)
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3 | Sec. 104. Article 104. (Reserved). Aiding the enemy. Any | ||||||
4 | person subject to this Code who: | ||||||
5 | (1) aids, or attempts to aid, the enemy with arms, | ||||||
6 | ammunition, supplies, money, or other things; or | ||||||
7 | (2) without proper authority, knowingly harbors or | ||||||
8 | protects or gives intelligence to, or communicates or | ||||||
9 | corresponds with or holds any intercourse with the enemy, | ||||||
10 | either directly or indirectly;
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11 | shall be punished as a court-martial may direct.
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12 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
13 | (20 ILCS 1807/104a new) | ||||||
14 | Sec. 104a. Article 104a. Fraudulent enlistment, | ||||||
15 | appointment, or separation. Any person who: | ||||||
16 | (1) procures his or her own enlistment or appointment | ||||||
17 | in the State military forces by knowingly false | ||||||
18 | representation or deliberate concealment as to his or her | ||||||
19 | qualifications for that enlistment or appointment and | ||||||
20 | receives pay or allowances thereunder; or | ||||||
21 | (2) procures his or her own separation from the State | ||||||
22 | military forces by knowingly false representation or | ||||||
23 | deliberate concealment as to his or her eligibility for | ||||||
24 | that separation; |
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1 | shall be punished as a court-martial may direct. | ||||||
2 | (20 ILCS 1807/104b new) | ||||||
3 | Sec. 104b. Article 104b. Unlawful enlistment, appointment, | ||||||
4 | or separation. Any person subject to this Code who affects an | ||||||
5 | enlistment or appointment in or a separation from the State | ||||||
6 | military forces of any person who is known to him to be | ||||||
7 | ineligible for that enlistment, appointment, or separation | ||||||
8 | because it is prohibited by law, regulation, or order shall be | ||||||
9 | punished as a court-martial may direct. | ||||||
10 | (20 ILCS 1807/105)
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11 | Sec. 105. Article 105. (Reserved). Misconduct as prisoner. | ||||||
12 | Any person subject to this Code who, while in the hands of the | ||||||
13 | enemy in time of war: | ||||||
14 | (1) for the purpose of securing favorable treatment by | ||||||
15 | his captors acts without proper authority in a manner | ||||||
16 | contrary to law, custom, or regulation, to the detriment of | ||||||
17 | others of whatever nationality held by the enemy as | ||||||
18 | civilian or military prisoners; or | ||||||
19 | (2) while in a position of authority over such persons | ||||||
20 | maltreats them without justifiable cause;
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21 | shall be punished as a court-martial may direct.
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22 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
23 | (20 ILCS 1807/105a new) |
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1 | Sec. 105a. Article 105a. False or unauthorized pass | ||||||
2 | offenses. | ||||||
3 | (a) Any person subject to this Code who, wrongfully and | ||||||
4 | falsely, makes, alters, counterfeits, or tampers with a | ||||||
5 | military or official pass, permit, discharge certificate, or | ||||||
6 | identification card shall be punished as a court-martial may | ||||||
7 | direct. | ||||||
8 | (b) Any person subject to this Code who wrongfully sells, | ||||||
9 | gives, lends, or disposes of a false or unauthorized military | ||||||
10 | or official pass, permit, discharge certificate, or | ||||||
11 | identification card, knowing that the pass, permit, discharge | ||||||
12 | certificate, or identification card is false or unauthorized, | ||||||
13 | shall be punished as a court-martial may direct. | ||||||
14 | (c) Any person subject to this Code who wrongfully uses or | ||||||
15 | possesses a false or unauthorized military or official pass, | ||||||
16 | permit, discharge certificate, or identification card, knowing | ||||||
17 | that the pass, permit, discharge certificate, or | ||||||
18 | identification card is false or unauthorized, shall be punished | ||||||
19 | as a court-martial may direct. | ||||||
20 | (20 ILCS 1807/106)
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21 | Sec. 106. Article 106. Impersonation of officer, | ||||||
22 | noncommissioned or petty officer, or agent or official | ||||||
23 | (Reserved) .
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24 | (a) Any person subject to this Code who, wrongfully and | ||||||
25 | willfully, impersonates: |
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1 | (1) an officer, a noncommissioned officer, or a petty | ||||||
2 | officer; | ||||||
3 | (2) an agent of superior authority of one of the armed | ||||||
4 | forces; or | ||||||
5 | (3) an official of a government;
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6 | shall be punished as a court-martial may direct. | ||||||
7 | (b) Any person subject to this Code who, wrongfully, | ||||||
8 | willfully, and with intent to defraud, impersonates any person | ||||||
9 | referred to in paragraph (1), (2), or (3) of subsection (a) | ||||||
10 | shall be punished as a court-martial may direct. | ||||||
11 | (c) Any person subject to this Code who, wrongfully, | ||||||
12 | willfully, and without intent to defraud, impersonates an | ||||||
13 | official of a government by committing an act that exercises or | ||||||
14 | asserts the authority of the office that the person claims to | ||||||
15 | have shall be punished as a court-martial may direct. | ||||||
16 | (Source: P.A. 99-796, eff. 1-1-17.) | ||||||
17 | (20 ILCS 1807/106a)
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18 | Sec. 106a. Article 106a. Wearing unauthorized insignia, | ||||||
19 | decoration, badge, ribbon, device, or lapel button (Reserved) . | ||||||
20 | Any person subject to this Code:
| ||||||
21 | (1) who is not authorized to wear an insignia, | ||||||
22 | decoration, badge, ribbon, device, or lapel button; and | ||||||
23 | (2) who wrongfully wears such insignia, decoration, | ||||||
24 | badge, ribbon, device, or lapel button upon the person's | ||||||
25 | uniform or civilian clothing; |
| |||||||
| |||||||
1 | shall be punished as a court-martial may direct. | ||||||
2 | (Source: P.A. 99-796, eff. 1-1-17.) | ||||||
3 | (20 ILCS 1807/107)
| ||||||
4 | Sec. 107. Article 107. False official statements ; false | ||||||
5 | swearing . | ||||||
6 | (a) Any person subject to this Code who, with intent to | ||||||
7 | deceive : , | ||||||
8 | (1) signs any false record, return, regulation, order, | ||||||
9 | or other official document made in the line of duty , | ||||||
10 | knowing it to be false ; , or | ||||||
11 | (2) makes any other false official statement made in | ||||||
12 | the line of duty, knowing it to be false ; , | ||||||
13 | shall be punished as a court-martial may direct.
| ||||||
14 | (b) Any person subject to this Code: | ||||||
15 | (1) who takes an oath that: | ||||||
16 | (A) is administered in a matter in which such oath | ||||||
17 | is required or authorized by law; and | ||||||
18 | (B) is administered by a person with authority to | ||||||
19 | do so; and | ||||||
20 | (2) who, upon such oath, makes or subscribes to a | ||||||
21 | statement; if the statement is false and at the time of | ||||||
22 | taking the oath, the person does not believe the statement | ||||||
23 | to be true, | ||||||
24 | shall be punished as a court-martial may direct. | ||||||
25 | (Source: P.A. 99-796, eff. 1-1-17 .) |
| |||||||
| |||||||
1 | (20 ILCS 1807/107a new) | ||||||
2 | Sec. 107a. Article 107a. Parole violation. Any person | ||||||
3 | subject to this Code: | ||||||
4 | (1) who, having been a prisoner as the result of a | ||||||
5 | court-martial conviction or other criminal proceeding, is | ||||||
6 | on parole with conditions; and | ||||||
7 | (2) who violates the conditions of parole;
| ||||||
8 | shall be punished as a court-martial may direct. | ||||||
9 | (20 ILCS 1807/108a new) | ||||||
10 | Sec. 108a. Article 108a. Captured or abandoned property. | ||||||
11 | (a) All persons subject to this Code shall secure all | ||||||
12 | public property taken from the enemy for the service of the | ||||||
13 | United States, and shall give notice and turn over to the | ||||||
14 | proper authority without delay all captured or abandoned | ||||||
15 | property in their possession, custody, or control. | ||||||
16 | (b) Any person subject to this Code who: | ||||||
17 | (1) fails to carry out the duties prescribed in | ||||||
18 | subsection (a); | ||||||
19 | (2) buys, sells, trades, or in any way deals in or | ||||||
20 | disposes of captured or abandoned property, whereby he | ||||||
21 | receives or expects any profit, benefit, or advantage to | ||||||
22 | himself or another directly or indirectly connected with | ||||||
23 | himself; or | ||||||
24 | (3) engages in looting or pillaging; shall be punished |
| |||||||
| |||||||
1 | as a court-martial may direct. | ||||||
2 | (20 ILCS 1807/109a new) | ||||||
3 | Sec. 109a. Article 109a. (Reserved). | ||||||
4 | (20 ILCS 1807/110)
| ||||||
5 | Sec. 110. Article 110. Improper hazarding of vessel or | ||||||
6 | aircraft . | ||||||
7 | (a) Any person subject to this Code who willfully and | ||||||
8 | wrongfully hazards or suffers to be hazarded any vessel or | ||||||
9 | aircraft of the armed forces of the United States or any state | ||||||
10 | military forces shall be punished suffer such punishment as a | ||||||
11 | court-martial may direct. | ||||||
12 | (b) Any person subject to this Code who negligently hazards | ||||||
13 | or suffers to be hazarded any vessel or aircraft of the armed | ||||||
14 | forces of the United States or any state military forces shall | ||||||
15 | be punished as a court-martial may direct.
| ||||||
16 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
17 | (20 ILCS 1807/112)
| ||||||
18 | Sec. 112. Article 112. Drunkenness and other | ||||||
19 | incapacitation offenses Drunk on duty . | ||||||
20 | (a) Any person subject to this Code other than a sentinel | ||||||
21 | or look-out, who is found drunk on duty , shall be punished as a | ||||||
22 | court-martial may direct.
| ||||||
23 | (b) Any person subject to this Code who, as a result of |
| |||||||
| |||||||
1 | indulgence in any alcoholic beverage or any drug, is | ||||||
2 | incapacitated for the proper performance of duty shall be | ||||||
3 | punished as a court-martial may direct. | ||||||
4 | (c) Any person subject to this Code who is a prisoner and, | ||||||
5 | while in such status, is drunk shall be punished as a | ||||||
6 | court-martial may direct. | ||||||
7 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
8 | (20 ILCS 1807/113)
| ||||||
9 | Sec. 113. Article 113. (Reserved). Misbehavior of | ||||||
10 | sentinel. Any sentinel or look-out who is found drunk or | ||||||
11 | sleeping upon his post or leaves it before being regularly | ||||||
12 | relieved shall be punished, if the offense is committed in time | ||||||
13 | of war, by confinement of not more than 10 years or other | ||||||
14 | punishment as a court-martial may direct, but if the offense is | ||||||
15 | committed at any other time, by such punishment as a | ||||||
16 | court-martial may direct.
| ||||||
17 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
18 | (20 ILCS 1807/115)
| ||||||
19 | Sec. 115. Article 115. Communicating threats Malingering . | ||||||
20 | (a) Any person subject to this Code who wrongfully | ||||||
21 | communicates a threat to injure the person, property, or | ||||||
22 | reputation of another shall be punished as a court-martial may | ||||||
23 | direct. | ||||||
24 | (b) Any person subject to this Code who wrongfully |
| |||||||
| |||||||
1 | communicates a threat to injure the person or property of | ||||||
2 | another by use of (1) an explosive, (2) a weapon of mass | ||||||
3 | destruction, (3) a biological or chemical agent, substance, or | ||||||
4 | weapon, or (4) a hazardous material, shall be punished as a | ||||||
5 | court-martial may direct. | ||||||
6 | (c) Any person subject to this Code who maliciously | ||||||
7 | communicates a false threat concerning injury to the person or | ||||||
8 | property of another by use of (1) an explosive, (2) a weapon of | ||||||
9 | mass destruction, (3) a biological or chemical agent, | ||||||
10 | substance, or weapon, or (4) a hazardous material, shall be | ||||||
11 | punished as a court-martial may direct. As used in this | ||||||
12 | subsection, "false threat" means a threat that, at the time the | ||||||
13 | threat is communicated, is known to be false by the person | ||||||
14 | communicating the threat. | ||||||
15 | Any person subject to this Code who for the purpose of avoiding | ||||||
16 | work, duty, or service: | ||||||
17 | (1) feigns illness, physical disablement, mental | ||||||
18 | lapse, or derangement; or | ||||||
19 | (2) intentionally inflicts self-injury;
| ||||||
20 | shall be punished as a court-martial may direct.
| ||||||
21 | (Source: P.A. 99-796, eff. 1-1-17 .) | ||||||
22 | (20 ILCS 1807/119a new) | ||||||
23 | Sec. 119a. Article 119a. (Reserved). | ||||||
24 | (20 ILCS 1807/119b new) |
| |||||||
| |||||||
1 | Sec. 119b. Article 119b. (Reserved). | ||||||
2 | (20 ILCS 1807/120a new) | ||||||
3 | Sec. 120a. Article 120a. (Reserved). | ||||||
4 | (20 ILCS 1807/120b new) | ||||||
5 | Sec. 120b. Article 120b. (Reserved). | ||||||
6 | (20 ILCS 1807/120c new) | ||||||
7 | Sec. 120c. Article 120c. (Reserved). | ||||||
8 | (20 ILCS 1807/121a new) | ||||||
9 | Sec. 121a. Article 121a. (Reserved). | ||||||
10 | (20 ILCS 1807/122a new) | ||||||
11 | Sec. 122a. Article 122a. (Reserved). | ||||||
12 | (20 ILCS 1807/123)
| ||||||
13 | Sec. 123. Article 123. Offenses concerning Government | ||||||
14 | computers (Reserved) .
| ||||||
15 | (a) Any person subject to this Code who: | ||||||
16 | (1) knowingly accesses a Government computer, with an | ||||||
17 | unauthorized purpose, and by doing so obtains classified | ||||||
18 | information, with reason to believe such information could | ||||||
19 | be used to the injury of the United States, or to the | ||||||
20 | advantage of any foreign nation, and intentionally |
| |||||||
| |||||||
1 | communicates, delivers, transmits, or causes to be | ||||||
2 | communicated, delivered, or transmitted such information | ||||||
3 | to any person not entitled to receive it; | ||||||
4 | (2) intentionally accesses a Government computer, with | ||||||
5 | an unauthorized purpose, and thereby obtains classified or | ||||||
6 | other protected information from any such Government | ||||||
7 | computer; or | ||||||
8 | (3) knowingly causes the transmission of a program, | ||||||
9 | information, code, or command, and as a result of such | ||||||
10 | conduct, intentionally causes damage without authorization | ||||||
11 | to a Government computer;
| ||||||
12 | shall be punished as a court-martial may direct. | ||||||
13 | (b) In this Article: | ||||||
14 | (1) "Computer" has the meaning given that term in | ||||||
15 | Section 1030 of Title 18 of the United States Code. | ||||||
16 | (2) "Government computer" means a computer owned or | ||||||
17 | operated by or on behalf of the United States Government or | ||||||
18 | State government. | ||||||
19 | (3) "Damage" has the meaning given that term in Section | ||||||
20 | 1030 of Title 18 of the United States Code. | ||||||
21 | (Source: P.A. 99-796, eff. 1-1-17.) | ||||||
22 | (20 ILCS 1807/124)
| ||||||
23 | Sec. 124. Article 124. Frauds against the government. Any | ||||||
24 | person subject to this Code: (Reserved).
| ||||||
25 | (1) who, knowing it to be false or fraudulent: |
| |||||||
| |||||||
1 | (A) makes any claim against the United States, this | ||||||
2 | State, or any officer thereof; or | ||||||
3 | (B) presents to any person in the civil or military | ||||||
4 | service thereof, for approval or payment, any claim against | ||||||
5 | the United States, this State, or any officer thereof; | ||||||
6 | (2) who, for the purpose of obtaining the approval, | ||||||
7 | allowance, or payment of any claim against the United States, | ||||||
8 | this State, or any officer thereof: | ||||||
9 | (A) makes or uses any writing or other paper knowing it | ||||||
10 | to contain any false or fraudulent statements; | ||||||
11 | (B) makes any oath, affirmation, or certification to | ||||||
12 | any fact or to any writing or other paper knowing the oath, | ||||||
13 | affirmation, or certification to be false; or | ||||||
14 | (C) forges or counterfeits any signature upon any | ||||||
15 | writing or other paper, or uses any such signature knowing | ||||||
16 | it to be forged or counterfeited; | ||||||
17 | (3) who, having charge, possession, custody, or control of | ||||||
18 | any money, or other property of the United States or this | ||||||
19 | State, furnished or intended for the armed forces of the United | ||||||
20 | States or the State military forces, knowingly delivers to any | ||||||
21 | person having authority to receive it, any amount thereof less | ||||||
22 | than that for which he receives a certificate or receipt; or | ||||||
23 | (4) who, being authorized to make or deliver any paper | ||||||
24 | certifying the receipt of any property of the United States or | ||||||
25 | this State, furnished or intended for the armed forces of the | ||||||
26 | United States or the State military forces, makes or delivers |
| |||||||
| |||||||
1 | to any person such writing without having full knowledge of the | ||||||
2 | truth of the statements therein contained and with intent to | ||||||
3 | defraud the United States or this State;
| ||||||
4 | shall, upon conviction, be punished as a court-martial may | ||||||
5 | direct. | ||||||
6 | (Source: P.A. 99-796, eff. 1-1-17.) | ||||||
7 | (20 ILCS 1807/124a new) | ||||||
8 | Sec. 124a. Article 124a. (Reserved). | ||||||
9 | (20 ILCS 1807/124b new) | ||||||
10 | Sec. 124b. Article 124b. (Reserved). | ||||||
11 | (20 ILCS 1807/128a new) | ||||||
12 | Sec. 128a. Article 128a. (Reserved). | ||||||
13 | (20 ILCS 1807/131a new) | ||||||
14 | Sec. 131a. Article 131a. (Reserved). | ||||||
15 | (20 ILCS 1807/131b new) | ||||||
16 | Sec. 131b. Article 131b. (Reserved). | ||||||
17 | (20 ILCS 1807/131c new) | ||||||
18 | Sec. 131c. Article 131c. (Reserved). | ||||||
19 | (20 ILCS 1807/131d new) |
| |||||||
| |||||||
1 | Sec. 131d. Article 131d. (Reserved). | ||||||
2 | (20 ILCS 1807/131e new) | ||||||
3 | Sec. 131e. Article 131e. (Reserved). | ||||||
4 | (20 ILCS 1807/131f new) | ||||||
5 | Sec. 131f. Article 131f. Noncompliance with procedural | ||||||
6 | rules. Any person subject to this Code who: | ||||||
7 | (1) is responsible for unnecessary delay in the | ||||||
8 | disposition of any case of a person accused of an offense | ||||||
9 | under this Code; or | ||||||
10 | (2) knowingly and intentionally fails to enforce or | ||||||
11 | comply with any provision of this Code regulating the | ||||||
12 | proceedings before, during, or after trial of an accused; | ||||||
13 | shall be punished as a court-martial may direct. | ||||||
14 | (20 ILCS 1807/131g new) | ||||||
15 | Sec. 131g. Article 131g. Wrongful interference with | ||||||
16 | adverse administrative proceeding. Any person subject to this | ||||||
17 | Code who, having reason to believe that an adverse | ||||||
18 | administrative proceeding is pending against any person | ||||||
19 | subject to this Code, wrongfully acts with the intent: | ||||||
20 | (1) to influence, impede, or obstruct the conduct of | ||||||
21 | the proceeding; or | ||||||
22 | (2) otherwise to obstruct the due administration of | ||||||
23 | justice; |
| |||||||
| |||||||
1 | shall be punished as a court-martial may direct. | ||||||
2 | (20 ILCS 1807/132)
| ||||||
3 | Sec. 132. Article 132. Retaliation Frauds against the | ||||||
4 | government . | ||||||
5 | (a) Any person subject to this Code who, with the intent to | ||||||
6 | retaliate against any person for reporting or planning to | ||||||
7 | report a criminal offense, or making or planning to make a | ||||||
8 | protected communication, or with the intent to discourage any | ||||||
9 | person from reporting a criminal offense or making or planning | ||||||
10 | to make a protected communication: | ||||||
11 | (1) wrongfully takes or threatens to take an adverse | ||||||
12 | personnel action against any person; or | ||||||
13 | (2) wrongfully withholds or threatens to withhold a | ||||||
14 | favorable personnel action with respect to any person; | ||||||
15 | shall be punished as a court-martial may direct. | ||||||
16 | (b) In this Article: | ||||||
17 | (1) "Protected communication" means the following: | ||||||
18 | (A) A lawful communication to a Member of Congress | ||||||
19 | or an Inspector General. | ||||||
20 | (B) A communication to a covered individual or | ||||||
21 | organization in which a member of the State military | ||||||
22 | forces complains of, or discloses information that the | ||||||
23 | member reasonably believes constitutes evidence of, | ||||||
24 | any of the following: | ||||||
25 | (i) A violation of law or regulation, |
| |||||||
| |||||||
1 | including a law or regulation prohibiting sexual | ||||||
2 | harassment or unlawful discrimination. | ||||||
3 | (ii) Gross mismanagement, a gross waste of | ||||||
4 | funds, an abuse of authority, or a substantial and | ||||||
5 | specific danger to public health or safety. | ||||||
6 | (2) "Inspector General" has the meaning given that term | ||||||
7 | in Section 1034(j) of Title 10 of the United States Code. | ||||||
8 | (3) "Covered individual or organization" means any | ||||||
9 | recipient of a communication specified in clauses (i) | ||||||
10 | through (v) of Section 1034(b)(1)(B) of Title 10 of this | ||||||
11 | Code. | ||||||
12 | (4) "Unlawful discrimination" means discrimination on | ||||||
13 | the basis of race, color, religion, sex, or national | ||||||
14 | origin. | ||||||
15 | Any person subject to this Code: | ||||||
16 | (1) who, knowing it to be false or fraudulent: | ||||||
17 | (A) makes any claim against the United States, this | ||||||
18 | State, or any officer thereof; or | ||||||
19 | (B) presents to any person in the civil or military | ||||||
20 | service thereof, for approval or payment, any claim | ||||||
21 | against the United States, this State, or any officer | ||||||
22 | thereof; | ||||||
23 | (2) who, for the purpose of obtaining the approval, | ||||||
24 | allowance, or payment of any claim against the United | ||||||
25 | States, this State, or any officer thereof: | ||||||
26 | (A) makes or uses any writing or other paper |
| |||||||
| |||||||
1 | knowing it to contain any false or fraudulent | ||||||
2 | statements; | ||||||
3 | (B) makes any oath, affirmation, or certification | ||||||
4 | to any fact or to any writing or other paper knowing | ||||||
5 | the oath, affirmation, or certification to be false; or | ||||||
6 | (C) forges or counterfeits any signature upon any | ||||||
7 | writing or other paper, or uses any such signature | ||||||
8 | knowing it to be forged or counterfeited; | ||||||
9 | (3) who, having charge, possession, custody, or | ||||||
10 | control of any money, or other property of the United | ||||||
11 | States or this State, furnished or intended for the armed | ||||||
12 | forces of the United States or the State military forces, | ||||||
13 | knowingly delivers to any person having authority to | ||||||
14 | receive it, any amount thereof less than that for which he | ||||||
15 | receives a certificate or receipt; or | ||||||
16 | (4) who, being authorized to make or deliver any paper | ||||||
17 | certifying the receipt of any property of the United States | ||||||
18 | or this State, furnished or intended for the armed forces | ||||||
19 | of the United States or the State military forces, makes or | ||||||
20 | delivers to any person such writing without having full | ||||||
21 | knowledge of the truth of the statements therein contained | ||||||
22 | and with intent to defraud the United States or this State; | ||||||
23 | shall, upon conviction, be punished as a court-martial may | ||||||
24 | direct.
| ||||||
25 | (Source: P.A. 99-796, eff. 1-1-17 .) |
| |||||||
| |||||||
1 | (20 ILCS 1807/133)
| ||||||
2 | Sec. 133. Article 133. Conduct unbecoming an officer and a | ||||||
3 | gentleman. Any commissioned officer, cadet, candidate, or | ||||||
4 | midshipman who is convicted of conduct unbecoming an officer | ||||||
5 | and a gentleman shall be punished as a court-martial may | ||||||
6 | direct.
| ||||||
7 | (Source: P.A. 99-796, eff. 1-1-17 .)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|