SB2076 101ST GENERAL ASSEMBLY

LRB101 09477 CPF 54575 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2076

Introduced 2/15/2019, by Sen. Brian W. Stewart

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Code of Military Justice. Makes conforming changes so as to parallel the federal Uniform Code of Military Justice. Makes changes to provisions concerning conviction of offense charged; conspiracy; desertion; disrespect toward superior commissioned officer; and other matters. Adds provisions concerning malingering; breach of medical quarantine; resistance, flight, breach of arrest, and escape; offenses against correctional custody and restriction; prohibited activities with military recruit or trainee by person in position of special trust; offenses by sentinel or lookout; disrespect toward sentinel or lookout; misconduct as prisoner; public records offenses; fraudulent enlistment, appointment, or separation; unlawful enlistment, appointment, or separation; forgery; false or unauthorized pass offenses; impersonation of officer; wearing unauthorized insignia; parole violation; mail matter; leaving scene of vehicle accident; communicating threats; death or injury of an unborn child; child endangerment; rape and sexual assault; rape and sexual assault of a child; other sexual misconduct; receiving stolen property; offenses concerning Government computers; frauds against the United States; and other matters. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Code of Military Justice is amended by changing Sections 79, 81, 82, 83, 84, 85, 87, 89, 90, 94, 95, 96, 98, 99, 100, 101, 102, 103, 104, 105, 106, 106a, 107, 110, 111, 112, 113, 114, 115, 118, 119, 119b, 120, 121, 122, 123, 123a, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, and 134 and by adding Sections 87a, 87b, 93a, 95a, 103a, 103b, 104a, 104b, 105a, 107a, 108a, 109a, 119a, 120a, 120b, 120c, 121a, 122a, 124a, 124b, 128a, 131a, 131b, 131c, 131d, 131e, 131f, and 131g as follows:

(20 ILCS 1807/79)

Sec. 79. Article 79. Conviction of lesser included offense charged, lesser included offenses, and attempts.

(a) An accused may be found guilty of any of the following: an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

(1) The offense charged.

(2) A lesser included offense.

(3) An attempt to commit the offense charged.

(4) An attempt to commit a lesser included offense, if the attempt is an offense in its own right.

(b) In this Article, "lesser included offense" means:

(1) an offense that is necessarily included in the offense charged; and

(2) any lesser included offense so designated by regulation prescribed by the Governor.

(c) Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/81)

Sec. 81. Article 81. Conspiracy.

(a) Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(b) Any person subject to this Code who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to affect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/82)

Sec. 82. Article 82. Soliciting commission of offenses Solicitation.

(a) Any person subject to this Code who solicits or advises another to commit an offense under this Code (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct. Any person subject to this Code who solicits or advises another or others to desert in violation of Article 85 of this Code or mutiny in violation of Article 94 of this Code shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

(b) Any person subject to this Code who solicits or advises another to violate Article 85 of this Code, Article 94 of this title, or Article 99 of this Code: Any person subject to this Code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Article 99 of this Code or sedition in violation of Article 94 of this Code shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.

(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and

(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/83)

Sec. 83. Article 83. Malingering Fraudulent enlistment, appointment, or separation. Any person subject to this Code who, with the intent to avoid work, duty, or service who:

(1) feigns illness, physical disablement, mental lapse, or mental derangement procures his own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) intentionally inflicts self-injury procures his own separation from the State military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;

shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/84)

Sec. 84. Article 84. Breach of medical quarantine Unlawful enlistment, appointment, or separation. Any person subject to this Code: who effects an enlistment or appointment in or a separation from the State military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order

(1) who is ordered into medical quarantine by a person authorized to issue such order; and

(2) who, with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/85)

Sec. 85. Article 85. Desertion.

(a) Any member of the State military forces who:

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the State military forces enlists or accepts an appointment in the same or another one of the State military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States;

is guilty of desertion.

(b) Any commissioned officer of the State military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death confinement of not more than 10 years or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/87)

Sec. 87. Article 87. Missing movement; jumping from vessel.

(a) Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

(b) Any person subject to this Code who wrongfully and intentionally jumps into the water from a vessel in use by the State military forces shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/87a new)

Sec. 87a. Article 87a. Resistance, flight, breach of arrest, and escape. Any person subject to this Code who:

(1) resists apprehension;

(2) flees from apprehension;

(3) breaks arrest; or

(4) escapes from custody or confinement; shall be punished as a court-martial may direct.

(20 ILCS 1807/87b new)

Sec. 87b. Article 87b. Offenses against correctional custody and restriction.

(a) Any person subject to this Code:

(1) who is placed in correctional custody by a person authorized to do so;

(2) who, while in correctional custody, is under physical restraint; and

(3) who escapes from the physical restraint before being released from the physical restraint by proper authority shall be punished as a court-martial may direct.

(b) Any person subject to this Code:

(1) who is placed in correctional custody by a person authorized to do so;

(2) who, while in correctional custody, is under restraint other than physical restraint; and

(3) who goes beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority;

shall be punished as a court-martial may direct.

(c) Any person subject to this Code:

(1) who is ordered to be restricted to certain limits by a person authorized to do so; and

(2) who, with knowledge of the limits of the restriction, goes beyond those limits before being released by proper authority; shall be punished as a court-martial may direct.

(20 ILCS 1807/89)

Sec. 89. Article 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer.

(a) Any person subject to this Code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

(b) Any person subject to this Code who strikes that person's superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer's office shall be punished:

(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/90)

Sec. 90. Article 90. Willfully Assaulting or willfully disobeying superior commissioned officer. Any person subject to this Code who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished:

(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; and or

(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct. willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by confinement of not more than 10 years or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/93a new)

Sec. 93a. Article 93a. Prohibited activities with military recruit or trainee by person in position of special trust.

(a) Any person subject to this Code:

(1) who is an officer, a noncommissioned officer, or a petty officer;

(2) who is in a training leadership position with respect to a specially protected junior member of the State military forces; and

(3) who engages in prohibited sexual activity with such specially protected junior member of the State military forces; shall be punished as a court-martial may direct.

(b) Any person subject to this Code:

(1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or

(2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; shall be punished as a court-martial may direct.

(c) Consent is not a defense for any conduct at issue in a prosecution under this Article.

(d) In this Article:

(1) "Specially protected junior member of the State military forces" means:

(A) a member of the State military forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;

(B) a member of the State military forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and

(C) a member of the State military forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification.

(2) "Training leadership position" means, with respect to a specially protected junior member of the State military forces, any of the following:

(A) Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the State military forces, or any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification.

(B) Faculty and staff of a State military academy, a regional training institute, or any other formal military education program.

(3) "Applicant for military service" means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the State military forces.

(4) "Military recruiter" means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service.

(5) "Prohibited sexual activity" means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.

(20 ILCS 1807/94)

Sec. 94. Article 94. Mutiny or sedition.

(a) Any person subject to this Code who:

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) 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; or

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such punishment as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/95)

Sec. 95. Article 95. Article 95. Offenses by sentinel or lookout Resistance, flight, breach of arrest, and escape.

(a) Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished:

(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2) if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct.

(b) Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct. Any person subject to this Code who:

(1) resists apprehension;

(2) flees from apprehension;

(3) breaks arrest; or

(4) escapes from custody or confinement; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/95a new)

Sec. 95a. Article 95a. Disrespect toward sentinel or lookout.

(a) Any person subject to this Code who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.

(b) Any person subject to this Code who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.

(20 ILCS 1807/96)

Sec. 96. Article 96. Release of Releasing prisoner without proper authority; drinking with prisoner.

(a) Any person subject to this Code: Any person subject to this Code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

(1) who, without authority to do so, releases a prisoner; or

(2) who, through neglect or design, allows a prisoner to escape; shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.

(b) Any person subject to this Code who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/98)

Sec. 98. Article 98. Misconduct as prisoner Noncompliance with procedural rules. Any person subject to this Code who, while in the hand of the enemy in time of war:

(1) for the purpose of securing favorable treatment by his 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 is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or

(2) while in a position of authority over such persons maltreats them without justifiable cause 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.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/99)

Sec. 99. Article 99. Misbehavior before the enemy. Any person subject to this Code who before or in the presence of the enemy:

(1) runs away;

(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;

(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

(4) casts away his arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits his 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 utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or

(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;

shall be punished by death or such other punishment as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/100)

Sec. 100. Article 100. Subordinate compelling surrender. Any person subject to this Code who compels or attempts to compel the commander of any of the State military forces of this 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 death or such other punishment as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/101)

Sec. 101. Article 101. Improper use of countersign. Any person subject to this Code 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 knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/102)

Sec. 102. Article 102. Forcing a safeguard. Any person subject to this Code who forces a safeguard shall be punished by death or such other punishment as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/103)

Sec. 103. Article 103. Spies Captured or abandoned property. Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the State military forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death or such other punishment as a court-martial or a military commission may direct. This Article does not apply to a military commission established under Chapter 47A of Title 10 of the United States Code.

(a) All persons subject to this Code shall secure all public property taken for the service of the United States or this 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.

(b) Any person subject to this Code who:

(1) fails to carry out the duties prescribed in subsection (a);

(2) buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or

(3) engages in looting or pillaging; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/103a new)

Sec. 103a. Espionage.

(a)(1) Any person subject to this Code who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, anything described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct.

(2) An entity referred to in paragraph (1) is:

(A) a foreign government;

(B) a faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or

(C) a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force.

(3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense.

(b)(1) No person may be sentenced by court-martial to suffer death for an offense under this Article unless:

(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and

(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out in subsection (c).

(2) Findings under this subsection may be based on:

(A) evidence introduced on the issue of guilt or innocence;

(B) evidence introduced during the sentencing proceeding; or

(C) all such evidence.

(3) The accused shall be given broad latitude to present matters in extenuation and mitigation.

(c) A sentence of death may be adjudged by a court-martial for an offense under this Article only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:

(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.

(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.

(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.

(4) Any other factor that may be prescribed by the Governor by regulations under Article 36 of this Code.

(20 ILCS 1807/103b new)

Sec. 103b. Article 103a. Aiding the enemy. Any person who:

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(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; shall suffer death or such other punishment as a court-martial or military commission may direct.

(20 ILCS 1807/104)

Sec. 104. Article 104. Public records offenses Aiding the enemy. Any person subject to this Code who, willfully and unlawfully:

(1) alters, conceals, removes, mutilates, obliterates, or destroys a public record aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record 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;

shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/104a new)

Sec. 104a. Article 104a. Fraudulent enlistment, appointment, or separation. Any person who:

(1) procures his or her own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) procures his or her own separation from the State military forces by knowingly false representation or deliberate concealment as to his or her eligibility for that separation; shall be punished as a court-martial may direct.

(20 ILCS 1807/104b new)

Sec. 104b. Article 104b. Unlawful enlistment, appointment, or separation. Any person subject to this Code who affects an enlistment or appointment in or a separation from the State military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

(20 ILCS 1807/105)

Sec. 105. Article 105. Forgery. Misconduct as prisoner. Any person subject to this Code who, with intent to defraud while in the hands of the enemy in time of war:

(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 for the purpose of securing favorable treatment by his 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; or

(2) utters, offers, issues, or transfers such a writing, known by him to be so made or altered while in a position of authority over such persons maltreats them without justifiable cause;

is guilty of a forgery and shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/105a new)

Sec. 105a. Article 105a. False or unauthorized pass offenses.

(a) Any person subject to this Code who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court-martial may direct.

(b) Any person subject to this Code who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.

(c) Any person subject to this Code who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.

(20 ILCS 1807/106)

Sec. 106. Article 106. Article 106. Impersonation of officer, noncommissioned or petty officer, or agent or official (Reserved).

(a) Any person subject to this Code who, wrongfully and willfully, impersonates:

(1) an officer, a noncommissioned officer, or a petty officer;

(2) an agent of superior authority of one of the armed forces; or

(3) an official of a government; shall be punished as a court-martial may direct.

(b) Any person subject to this Code who, wrongfully, willfully, and with intent to defraud, impersonates any person referred to in paragraph (1), (2), or (3) of subsection (a) shall be punished as a court-martial may direct.

(c) Any person subject to this Code who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/106a)

Sec. 106a. Article 106a. Article 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button (Reserved). Any person subject to this Code:

(1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and

(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person's uniform or civilian clothing; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/107)

Sec. 107. Article 107. False official statements; false swearing.

(a) Any person subject to this Code who, with intent to deceive: ,

(1) signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false; , or

(2) 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.

(b) Any person subject to this Code:

(1) who takes an oath that:

(A) is administered in a matter in which such oath is required or authorized by law; and

(B) is administered by a person with authority to do so; and

(2) who, upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true, shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/107a new)

Sec. 107a. Article 107a. Parole violation. Any person subject to this Code:

(1) who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, is on parole with conditions; and

(2) who violates the conditions of parole; shall be punished as a court-martial may direct.

(20 ILCS 1807/108a new)

Sec. 108a. Article 108a. Captured or abandoned property.

(a) All persons subject to this Code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(b) Any person subject to this Code who:

(1) fails to carry out the duties prescribed in subsection (a);

(2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or

(3) engages in looting or pillaging; shall be punished as a court-martial may direct.

(20 ILCS 1807/109a new)

Sec. 109a. Article 109a. Mail matter; wrongful taking; opening.

(a) Any person subject to this Code who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.

(b) Any person subject to this Code who wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.

(20 ILCS 1807/110)

Sec. 110. Article 110. Improper hazarding of vessel or aircraft.

(a) Any person subject to this Code who willfully and wrongfully hazards or suffers to be hazarded any vessel or aircraft of the armed forces of the United States or any state military forces shall be punished my death or suffer such other punishment as a court-martial may direct.

(b) Any person subject to this Code who negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces of the United States or any state military forces shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/111)

Sec. 111. Article 111. Article 111. Leaving scene of vehicle accident (Reserved).

(a) Any person subject to this Code:

(1) who is the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and

(2) who wrongfully leaves the scene of the accident:

(A) without providing assistance to an injured person; or

(B) without providing personal identification to others involved in the accident or to appropriate authorities; shall be punished as a court-martial may direct.

(b) Any person subject to this Code:

(1) who is a passenger in a vehicle that is involved in an accident that results in personal injury or property damage;

(2) who is the superior commissioned or noncommissioned officer of the driver of the vehicle or is the commander of the vehicle; and

(3) who wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident:

(A) without providing assistance to an injured person; or

(B) without providing personal identification to others involved in the accident or to appropriate authorities; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/112)

Sec. 112. Article 112. Article 112. Drunkenness and other incapacitation offenses Drunk on duty.

(a) Any person subject to this Code other than a sentinel or look-out, who is found drunk on duty, shall be punished as a court-martial may direct.

(b) Any person subject to this Code who, as a result of indulgence in any alcoholic beverage or any drug, is incapacitated for the proper performance of duty shall be punished as a court-martial may direct.

(c) Any person subject to this Code who is a prisoner and, while in such status, is drunk shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/113)

Sec. 113. Article 113. Article 113. Drunken or reckless operation of a vehicle, aircraft, or vessel Misbehavior of sentinel.

(a) Any person subject to this Code who: Any sentinel or look-out who is found drunk or sleeping upon his 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 such punishment as a court-martial may direct.

(1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in subsection (b) of Article 112a; or

(2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under subsection (b); shall be punished as a court-martial may direct.

(b)(1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person's blood or breath is as follows:

(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of:

(i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or

(ii) the blood alcohol content limit specified in paragraph (3).

(B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe.

(2) In the case of a military installation that is in more than one state, if those states have different blood alcohol content limits under their respective state laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation.

(3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.08 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person's breath is 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis. The Secretary may by regulation prescribe limits that are lower than the limits specified in the preceding sentence, if such lower limits are based on scientific developments, as reflected in federal law of general applicability.

(4) In this subsection:

(A) "Blood alcohol content limit" means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.

(B) "United States" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term "state" includes each of those jurisdictions.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/114)

Sec. 114. Article 114. Article 114. Endangerment offenses Dueling.

(a) Any person subject to this Code who engages in conduct that: 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.

(1) is wrongful and reckless or is wanton; and

(2) is likely to produce death or grievous bodily harm to another person; shall be punished as a court-martial may direct.

(b) Any person subject to this Code:

(1) who fights or promotes, or is concerned in or connives at fighting, a duel; or

(2) who, having knowledge of a challenge sent or about to be sent, fails to report the facts promptly to the proper authority; shall be punished as a court-martial may direct.

(c) Any person subject to this Code who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human life, shall be punished as a court-martial may direct.

(d) Any person subject to this Code who unlawfully carries a dangerous weapon concealed on or about his or her person shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/115)

Sec. 115. Article 115. Article 115. Communicating threats Malingering.

(a) Any person subject to this Code who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court-martial may direct.

(b) Any person subject to this Code who wrongfully communicates a threat to injure the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct.

(c) Any person subject to this Code who maliciously communicates a false threat concerning injury to the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct. As used in this subsection, "false threat" means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat. Any person subject to this Code who for the purpose of avoiding work, duty, or service:

(1) feigns illness, physical disablement, mental lapse, or derangement; or

(2) intentionally inflicts self-injury; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/118)

Sec. 118. Article 118. Article 118. Murder (Reserved). Any person subject to this Code who, without justification or excuse, unlawfully kills a human being, when he or she:

(1) has a premeditated design to kill;

(2) intends to kill or inflict great bodily harm;

(3) is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or

(4) is engaged in the perpetration or attempted perpetration of burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery or aggravated arson; is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under paragraph (1) or (4), he or she shall suffer death or imprisonment for life as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/119)

Sec. 119. Article 119. Article 119. Manslaughter (Reserved).

(a) Any person subject to this Code who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.

(b) Any person subject to this Code who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being:

(1) by culpable negligence; or

(2) while perpetrating or attempting to perpetrate an offense, other than those named in paragraph (4) of Article 118, directly affecting the person; is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/119a new)

Sec. 119a. Article 119a. Death or injury of an unborn child.

(a)(1) Any person subject to this Code who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in Section 1365 of Title 18 of the United States Code) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this Article and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the Governor for that conduct had that injury or death occurred to the unborn child's mother.

(2) An offense under this Article does not require proof that:

(A) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

(B) the accused intended to cause the death of, or bodily injury to, the unborn child.

(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under Articles 80, 119, and 119(a) of this Code for intentionally killing or attempting to kill a human being.

(4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this Article.

(b) The provisions referred to in subsection (a) are Articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a of this Code.

(c) Nothing in this Article shall be construed to permit the prosecution:

(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

(2) of any person for any medical treatment of the pregnant woman or her unborn child; or

(3) of any woman with respect to her unborn child.

(d) In this Article, "unborn child" means a child in utero, and "child in utero" or "child, who is in utero" means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

(20 ILCS 1807/119b new)

Sec. 119b. Article 119b. Child endangerment. Any person subject to this Code:

(1) who has a duty for the care of a child under the age of 16 years; and

(2) who, through design or culpable negligence, endangers the child's mental or physical health, safety, or welfare; shall be punished as a court-martial may direct.

(20 ILCS 1807/120)

Sec. 120. Article 120. Rape and sexual assault generally (Reserved).

(a) Any person subject to this Code who commits a sexual act upon another person by:

(1) using unlawful force against that other person;

(2) using force causing or likely to cause death or grievous bodily harm to any person;

(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;

(4) first rendering that other person unconscious; or

(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct.

(b) Any person subject to this Code who:

(1) commits a sexual act upon another person by:

(A) threatening or placing that other person in fear;

(B) making a fraudulent representation that the sexual act serves a professional purpose; or

(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;

(2) commits a sexual act upon another person:

(A) without the consent of the other person; or

(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring;

(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to:

(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or

(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person; is guilty of sexual assault and shall be punished as a court-martial may direct.

(c) Any person subject to this Code who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.

(d) Any person subject to this Code who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.

(e) In a prosecution under this Article, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.

(f) An accused may raise any applicable defenses available under this Code or the Rules for Court-Martial as described in the Manual for Courts-Martial, United States (2012 Edition). Marriage is not a defense for any conduct in issue in any prosecution under this Article.

(g) In this Article:

(1) "Sexual act" means:

(A) the penetration, however slight, of the penis into the vulva or anus or mouth;

(B) contact between the mouth and the penis, vulva, scrotum, or anus; or

(C) the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

(2) "Sexual contact" means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.

(3) "Grievous bodily harm" means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.

(4) "Force" means:

(A) the use of a weapon;

(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or

(C) inflicting physical harm sufficient to coerce or compel submission by the victim.

(5) "Unlawful force" means an act of force done without legal justification or excuse.

(6) "Threatening or placing that other person in fear" means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.

(7)(A) "Consent" means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.

(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (B) or (C) of paragraph (1) of subsection (b).

(C) All the surrounding circumstances are to be considered in determining whether a person gave consent.

(8) "Incapable of consenting" means the person is:

(A) incapable of appraising the nature of the conduct at issue; or

(B) physically incapable of declining participation in, or communicating unwillingness to engage in, the sexual act at issue.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/120a new)

Sec. 120a. Article 120a. Mails; deposit of obscene matter. Any person subject to this Code who, wrongfully and knowingly, deposits obscene matter for mailing and delivery shall be punished as a court-martial may direct.

(20 ILCS 1807/120b new)

Sec. 120b. Article 120b. Rape and sexual assault of a child.

(a) Any person subject to this Code who:

(1) commits a sexual act upon a child who has not attained the age of 12 years; or

(2) commits a sexual act upon a child who has attained the age of 12 years by:

(A) using force against any person;

(B) threatening or placing that child in fear;

(C) rendering that child unconscious; or

(D) administering to that child a drug, intoxicant, or other similar substance; is guilty of rape of a child and shall be punished as a court-martial may direct.

(b) Any person subject to this Code who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.

(c) Any person subject to this Code who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.

(d)(1) In a prosecution under this Article, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.

(2) In a prosecution under this Article, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.

(e) In a prosecution under this Article, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.

(f) In a prosecution under subsection (b) or subsection (c), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.

(g) Lack of consent is not an element and need not be proven in any prosecution under this Article. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.

(h) In this Article:

(1) "Sexual act" and "sexual contact" have the meanings given those terms in subsection (g) of Article 120, except that the term "sexual act" also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(2) "Force" means:

(A) the use of a weapon;

(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or

(C) inflicting physical harm.

In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.

(3) "Threatening or placing that child in fear" means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.

(4) "Child" means any person who has not attained the age of 16 years.

(5) "Lewd act" means:

(A) any sexual contact with a child;

(B) intentionally exposing one's genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;

(C) intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

(D) any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, 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.

(20 ILCS 1807/120c new)

Sec. 120c. Article 120c. Other sexual misconduct.

(a) Any person subject to this Code who, without legal justification or lawful authorization:

(1) 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;

(2) 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; or

(3) knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2); is guilty of an offense under this Article and shall be punished as a court-martial may direct.

(b) Any person subject to this Code 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.

(c) Any person subject to this Code who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.

(d) In this Article:

(1) "Act of prostitution" means a sexual act or sexual contact (as defined in subsection (g) of Article 120) on account of which anything of value is given to, or received by, any person.

(2) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

(3) "Under circumstances in which that other person has a reasonable expectation of privacy" means:

(A) 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; or

(B) circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.

(4) "Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

(5) "Distribute" means delivering to the actual or constructive possession of another, including transmission by electronic means.

(6) "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.

(20 ILCS 1807/121)

Sec. 121. Article 121. Larceny and wrongful appropriation (Reserved).

(a) Any person subject to this Code 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:

(1) 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 and is guilty of larceny; or

(2) 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.

(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/121a new)

Sec. 121a. Article 121a. Fraudulent use of credit cards, debit cards, and other access devices.

(a) Any person subject to this Code who, knowingly and with intent to defraud, uses:

(1) a stolen credit card, debit card, or other access device;

(2) a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or

(3) a credit card, debit card, or other access device without the authorization of a person whose authorization is required for such use; to obtain money, property, services, or anything else of value shall be punished as a court-martial may direct.

(b) In this Article, "access device" has the meaning given that term in Section 1029 of Title 18 of the United States Code.

(20 ILCS 1807/122)

Sec. 122. Article 122. Robbery (Reserved). Any person subject to this Code who takes anything of value from the person or in the presence of another, 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.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/122a new)

Sec. 122a. Article 122a. Receiving stolen property. Any person subject to this Code who wrongfully receives, buys, or conceals stolen property, knowing the property to be stolen property, shall be punished as a court-martial may direct.

(20 ILCS 1807/123)

Sec. 123. Article 123. Offenses concerning Government computers (Reserved).

(a) Any person subject to this Code who:

(1) knowingly accesses a Government computer, with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States, or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it;

(2) intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any such Government computer; or

(3) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer; shall be punished as a court-martial may direct.

(b) In this Article:

(1) "Computer" has the meaning given that term in Section 1030 of Title 18 of the United States Code.

(2) "Government computer" means a computer owned or operated by or on behalf of the United States Government or State government.

(3) "Damage" has the meaning given that term in Section 1030 of Title 18 of the United States Code.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/123a)

Sec. 123a. Article 123a. Making, drawing, or uttering checks, draft, or order without sufficient funds (Reserved). Any person subject to this Code who:

(1) for the procurement of any article or thing of value, with intent to defraud; or

(2) 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. 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.

In this Article, "credit" means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/124)

Sec. 124. Article 124. Frauds against the United States (Reserved). Any person subject to this Code:

(1) who, knowing it to be false or fraudulent:

(A) makes any claim against the United States or any officer thereof; or

(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof:

(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or

(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

(3) who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt; or

(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/124a new)

Sec. 124a. Article 124a. Bribery.

(a) Any person subject to this Code:

(1) who occupies an official position or who has official duties; and

(2) who wrongfully asks, accepts, or receives a thing of value with the intent to have the person's decision or action influenced with respect to an official matter in which the United States is interested; shall be punished as a court-martial may direct.

(b) Any person subject to this Code who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, with the intent to influence the decision or action of the other person with respect to an official matter in which the United States is interested, shall be punished as a court-martial may direct.

(20 ILCS 1807/124b new)

Sec. 124b. Article 124b. Graft.

(a) Any person subject to this Code:

(1) who occupies an official position or who has official duties; and

(2) who wrongfully asks, accepts, or receives a thing of value as compensation for or in recognition of services rendered or to be rendered by the person with respect to an official matter in which the United States or this State is interested; shall be punished as a court-martial may direct.

(b) Any person subject to this Code who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, as compensation for or in recognition of services rendered or to be rendered by the other person with respect to an official matter in which the United States or this State is interested, shall be punished as a court-martial may direct.

(20 ILCS 1807/125)

Sec. 125. Article 125. Kidnapping (Reserved). Any person subject to this Code who wrongfully:

(1) seizes, confines, inveigles, decoys, or carries away another person; and

(2) holds the other person against that person's will; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/126)

Sec. 126. Article 126. Arson; burning property with intent to defraud (Reserved).

(a) Any person subject to this Code who, willfully and maliciously, burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein, to the knowledge of that person, there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct.

(b) Any person subject to this Code who, willfully and maliciously, burns or sets fire to the property of another is guilty of simple arson and shall be punished as a court-martial may direct.

(c) Any person subject to this Code who, willfully, maliciously, and with intent to defraud, burns or sets fire to any property shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/127)

Sec. 127. Article 127. Extortion (Reserved). Any person subject to this Code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/128)

Sec. 128. Article 128. Assault (Reserved).

(a) Any person subject to this Code who, unlawfully and with force or violence:

(1) attempts to do bodily harm to another person;

(2) offers to do bodily harm to another person; or

(3) does bodily harm to another person; is guilty of assault and shall be punished as a court-martial may direct.

(b) Any person subject to this Code:

(1) who, with the intent to do bodily harm, offers to do bodily harm with a dangerous weapon; or

(2) who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person; is guilty of aggravated assault and shall be punished as a court-martial may direct.

(c)(1) Any person subject to this Code who commits assault with intent to commit an offense specified in paragraph (2) shall be punished as a court-martial may direct.

(2) The offenses referred to in paragraph (1) are murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, burglary, and kidnapping.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/128a new)

Sec. 128a. Article 128a. Maiming. Any person subject to this Code who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which:

(1) seriously disfigures his or her person by any mutilation thereof;

(2) destroys or disables any member or organ of his or her body; or

(3) seriously diminishes his or her physical vigor by the injury of any member or organ; is guilty of maiming and shall be punished as a court-martial may direct.

(20 ILCS 1807/129)

Sec. 129. Article 129. Burglary; unlawful entry (Reserved).

(a) Any person subject to this Code who, with intent to commit an offense under this Code, breaks and enters the building or structure of another shall be punished as a court-martial may direct.

(b) Any person subject to this Code who unlawfully enters:

(1) the real property of another; or

(2) the personal property of another which amounts to a structure usually used for habitation or storage; shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/130)

Sec. 130. Article 130. Stalking (Reserved).

(a) Any person subject to this Code:

(1) who 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, to a member of his or her immediate family, or to his or her intimate partner;

(2) who 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, to a member of his or her immediate family, or to his or her intimate partner; and

(3) whose conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to his or her intimate partner; is guilty of stalking and shall be punished as a court-martial may direct.

(b) In this Article:

(1) "Conduct" means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.

(2) "Course of conduct" means:

(A) a repeated maintenance of visual or physical proximity to a specific person;

(B) a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person; or

(C) a pattern of conduct composed of repeated acts evidencing a continuity of purpose.

(3) "Repeated", with respect to conduct, means 2 or more occasions of such conduct.

(4) "Immediate family", in the case of a specific person, means:

(A) that person's spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or

(B) any other person living in his or her household and related to him or her by blood or marriage.

(5) "Intimate partner", in the case of a specific person, means:

(A) a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or

(B) a person who has been in a social relationship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/131)

Sec. 131. Article 131. Perjury (Reserved). Any person subject to this Code who in a judicial proceeding or in a course of justice willfully and corruptly:

(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; or

(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under Section 1746 of Title 28 of the United States Code, subscribes any false statement material to the issue or matter of inquiry; is guilty of perjury and shall be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/131a new)

Sec. 131a. Article 131a. Subornation of perjury.

(a) Any person subject to this Code who induces and procures another person:

(1) to take an oath; and

(2) to falsely testify, depose, or state upon such oath; shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial may direct.

(b) The conditions referred to in subsection (a) are the following:

(1) The oath is administered with respect to a matter for which such oath is required or authorized by law.

(2) The oath is administered by a person having authority to do so.

(3) Upon the oath, the other person willfully makes or subscribes a statement.

(4) The statement is material.

(5) The statement is false.

(6) When the statement is made or subscribed, the person subject to this Code and the other person do not believe that the statement is true.

(20 ILCS 1807/131b new)

Sec. 131b. Article 131b. Obstructing justice. Any person subject to this Code who engages in conduct in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a court-martial may direct.

(20 ILCS 1807/131c new)

Sec. 131c. Article 131c. Misprision of serious offense. Any person subject to this Code:

(1) who knows that another person has committed a serious offense; and

(2) wrongfully conceals the commission of the offense and fails to make the commission of the offense known to civilian or military authorities as soon as possible; shall be punished as a court-martial may direct.

(20 ILCS 1807/131d new)

Sec. 131d. Article 131d. Wrongful refusal to testify. Any person subject to this Code who, in the presence of a court-martial, a board of officers, a military commission, a court of inquiry, preliminary hearing, or an officer taking a deposition, of or for the United States or this State, wrongfully refuses to qualify as a witness or to answer a question after having been directed to do so by the person presiding shall be punished as a court-martial may direct.

(20 ILCS 1807/131e new)

Sec. 131e. Article 131e. Prevention of authorized seizure of property. Any person subject to this Code who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise disposes of the property with intent to prevent the seizure thereof shall be punished as a court-martial may direct.

(20 ILCS 1807/131f new)

Sec. 131f. Article 131f. Noncompliance with procedural rules. Any person subject to this Code who:

(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or

(2) 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.

(20 ILCS 1807/131g new)

Sec. 131g. Article 131g. Wrongful interference with adverse administrative proceeding. Any person subject to this Code who, having reason to believe that an adverse administrative proceeding is pending against any person subject to this Code, wrongfully acts with the intent:

(1) to influence, impede, or obstruct the conduct of the proceeding; or

(2) otherwise to obstruct the due administration of justice; shall be punished as a court-martial may direct.

(20 ILCS 1807/132)

Sec. 132. Article 132. Retaliation Frauds against the government.

(a) Any person subject to this Code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication:

(1) wrongfully takes or threatens to take an adverse personnel action against any person; or

(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; shall be punished as a court-martial may direct.

(b) In this Article:

(1) "Protected communication" means the following:

(A) A lawful communication to a Member of Congress or an Inspector General.

(B) A communication to a covered individual or organization in which a member of the State military forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following:

(i) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.

(ii) Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

(2) "Inspector General" has the meaning given that term in Section 1034(j) of Title 10 of the United States Code.

(3) "Covered individual or organization" means any recipient of a communication specified in clauses (i) through (v) of Section 1034(b)(1)(B) of Title 10 of this Code.

(4) "Unlawful discrimination" means discrimination on the basis of race, color, religion, sex, or national origin. Any person subject to this Code:

(1) who, knowing it to be false or fraudulent:

(A) makes any claim against the United States, this State, or any officer thereof; or

(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, this State, or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, this State, or any officer thereof:

(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

(B) makes any oath, affirmation, or certification to any fact or to any writing or other paper knowing the oath, affirmation, or certification to be false; or

(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

(3) who, having charge, possession, custody, or control of any money, or other property of the United States or this State, furnished or intended for the armed forces of the United States or the State military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or

(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or this State, furnished or intended for the armed forces of the United States or the State military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or this State; shall, upon conviction, be punished as a court-martial may direct.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/133)

Sec. 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.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/134)

Sec. 134. Article 134. General Article. Though not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the State military forces, and crimes and offenses not capital, of which persons subject to this Code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. As used in this Article, the term "crimes and offenses not capital" includes any conduct engaged in outside the United States, as defined in Section 5 of Title 18 of the United States Code, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in Section 7 of Title 18 of the United States Code. 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 must be determined in accordance with subsection (b) of Article 2 of this Code.

(Source: P.A. 99-796, eff. 1-1-17.)

Section 99. Effective date. This Act takes effect upon becoming law.