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Wisconsin Statutes Code of Military Justice (Ch. 322) § 322.052. Article 52--Number of votes required

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(1) No person may be convicted of an offense except as provided in s. 322.045(2) or s. 322.051(4) or by the concurrence of two-thirds of the members present at the time the vote is taken.

(2) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's mental disease or defect is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

(a) It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff, marshal, or other police agency, to thereafter escape or attempt to escape from that custody.

(b) It is unlawful for any person who has been lawfully arrested by any peace officer and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, to thereafter escape or attempt to escape from that peace officer.

(c) Any person who violates subdivision (a) or (b) is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year. However, if the escape or attempted escape is by force or violence, and the person proximately causes a peace officer serious bodily injury, the person shall be punished by imprisonment in the state prison for two, three, or four years, or by imprisonment in a county jail not to exceed one year.

Cite this article: FindLaw.com - Wisconsin Statutes Code of Military Justice (Ch. 322) § 322.052. Article 52--Number of votes required - last updated January 01, 2018 | https://codes.findlaw.com/wi/code-of-military-justice-ch-322/wi-st-322-052/


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