2018 Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 1807/ - Illinois Code of Military Justice.
Part X - Punitive Articles
(20 ILCS 1807/Pt. X heading)
(20 ILCS 1807/77)
Sec. 77. Article 77. Principals. Any person subject to this Code who:
(1) commits an offense punishable by this Code, or
aids, abets, counsels, commands, or procures its commission; or
(2) causes an act to be done which if directly
performed by him would be punishable by this Code;
is a principal.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/78)
Sec. 78. Article 78. Accessory after the fact. Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/79)
Sec. 79. Article 79. Conviction of lesser included offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/80)
Sec. 80. Article 80. Attempts.
(a) An act, done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this Code who attempts to commit any offense punishable by this Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this Code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/81)
Sec. 81. Article 81. Conspiracy. 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/82)
Sec. 82. Article 82. Solicitation.
(a) 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 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/83)
Sec. 83. Article 83. Fraudulent enlistment, appointment, or separation. Any person who:
(1) 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) 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. 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 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 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 as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/86)
Sec. 86. Article 86. Absence without leave. Any person subject to this Code who, without authority:
(1) fails to go to his appointed place of duty at the
time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his
unit, organization, or place of duty at which he is required to be at the time prescribed;
shall be punished 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. 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/88)
Sec. 88. Article 88. Contempt toward officials. Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or General Assembly shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/89)
Sec. 89. Article 89. Disrespect toward superior commissioned officer. Any person subject to this Code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/90)
Sec. 90. Article 90. Assaulting or willfully disobeying superior commissioned officer. Any person subject to this Code who:
(1) 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; or
(2) 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 1807/91)
Sec. 91. Article 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. Any warrant officer or enlisted member who:
(1) strikes or assaults a warrant officer,
noncommissioned officer, or petty officer, while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a
warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in
language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/92)
Sec. 92. Article 92. Failure to obey order or regulation. Any person subject to this Code who:
(1) violates or fails to obey any lawful general
order or regulation;
(2) having knowledge of any other lawful
order issued by a member of the State military forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/93)
Sec. 93. Article 93. Cruelty and maltreatment. Any person subject to this Code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(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 as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/95)
Sec. 95. Article 95. 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/96)
Sec. 96. Article 96. Releasing prisoner without proper authority. 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/97)
Sec. 97. Article 97. Unlawful detention. Any person subject to this Code who, except as provided by law or regulation, apprehends, arrests, or confines any person 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. 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.
(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 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 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 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 as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/103)
Sec. 103. Article 103. Captured or abandoned property.
(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 1807/104)
Sec. 104. Article 104. Aiding the enemy. Any person subject to this Code 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 be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/105)
Sec. 105. Article 105. Misconduct as prisoner. Any person subject to this Code who, while in the hands 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; or
(2) while in a position of authority over such
persons maltreats them without justifiable cause;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/106)
Sec. 106. Article 106. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/106a)
Sec. 106a. Article 106a. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/107)
Sec. 107. Article 107. False official statements. Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/108)
Sec. 108. Article 108. Military property: loss, damage, destruction, or wrongful disposition. Any person subject to this Code who, without proper authority:
(1) sells or otherwise disposes of;
(2) willfully or through neglect damages, destroys,
or loses; or
(3) willfully or through neglect suffers to be
lost, damaged, destroyed, sold, or wrongfully disposed of;
any military property of the United States or of any state, shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/109)
Sec. 109. Article 109. Property other than military property: waste, spoilage, or destruction. Any person subject to this Code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/110)
Sec. 110. Article 110. Improper hazarding of vessel.
(a) Any person subject to this Code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces shall suffer such punishment as a court-martial may direct.
(b) Any person subject to this Code who negligently hazards or suffers to be hazarded any vessel 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. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/112)
Sec. 112. Article 112. Drunk on duty. 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/112a)
Sec. 112a. Article 112a. Wrongful use, possession, etc., of controlled substances.
(a) Any person subject to this Code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of any state military forces a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic
acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.
(2) Any substance not specified in paragraph (1)
that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States (10 U.S.C. 801 et seq.).
(3) Any other substance not specified in paragraph
(1) or contained on a list prescribed by the President under paragraph (2) that is listed in schedules I through V of Article 202 of the Controlled Substances Act (21 U.S.C. 812).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/113)
Sec. 113. Article 113. Misbehavior of sentinel. 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.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/114)
Sec. 114. Article 114. Dueling. Any person subject to this Code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/115)
Sec. 115. Article 115. Malingering. 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 1807/116)
Sec. 116. Article 116. Riot or breach of peace. Any person subject to this Code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/117)
Sec. 117. Article 117. Provoking speeches or gestures. Any person subject to this Code who uses provoking or reproachful words or gestures towards any other person subject to this Code shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/118)
Sec. 118. Article 118. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/119)
Sec. 119. Article 119. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/120)
Sec. 120. Article 120. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/121)
Sec. 121. Article 121. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/122)
Sec. 122. Article 122. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/123)
Sec. 123. Article 123. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/123a)
Sec. 123a. Article 123a. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/124)
Sec. 124. Article 124. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/125)
Sec. 125. Article 125. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/126)
Sec. 126. Article 126. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/127)
Sec. 127. Article 127. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/128)
Sec. 128. Article 128. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/129)
Sec. 129. Article 129. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/130)
Sec. 130. Article 130. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/131)
Sec. 131. Article 131. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/132)
Sec. 132. Article 132. Frauds against the government. 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 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.)
