(20 ILCS 1807/76b) Sec. 76b. Article 76b. Lack of mental capacity or mental responsibility; commitment of accused for examination and treatment. (a) Persons incompetent to stand trial. (1)(A) In general, no person may be brought to trial |
| by court-martial if that person is presently suffering from a mental disease or defect rendering that person mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings against them or to conduct or cooperate intelligently in the defense of the case.
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(B) A person is presumed to have the capacity to
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| stand trial unless the contrary is established.
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(C) Determination of capacity of an accused to stand
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| trial shall be made in accordance with Rule 909 (c), (d), and (e) of the Rules for Courts-Martial as described in the Manual for Courts-Martial, United States (2012 Edition), or as provided in any subsequent rule adopted in accordance with applicable law and regulation by the President of the United States, except that references in those rules to "the Attorney General" mean the Department of Human Services.
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(2) An inquiry into the mental capacity or mental
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| responsibility of the accused shall be conducted as provided in Rule 706 of the Rules for Courts-Martial as described in the Manual for Courts-Martial, United States (2012 Edition), or as provided in any subsequent rule adopted in accordance with applicable law and regulation by the President of the United States.
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If the accused's incapacity is mental, the convening
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| authority may order him or her to be placed for treatment in the custody of the Department of Human Services or the convening authority may order him or her to be placed in the custody of any other appropriate public or private mental health facility or treatment program which has agreed to provide treatment to the accused. If the accused is placed in the custody of the Department of Human Services, the accused may be placed in a secure setting. During the period of time required to determine the appropriate placement, the accused shall remain confined. If, upon the completion of the placement process, the Department of Human Services determines that the accused is currently fit to stand trial, the Department shall immediately notify the convening authority and shall submit a written report within 7 days. In that circumstance, the placement shall be held pending a court hearing on the Department's report. Otherwise, upon completion of the placement process, the sheriff shall be notified and shall transport the accused to the designated facility. The placement may be ordered on either an inpatient or an outpatient basis.
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In addition to other matters, the inquiry shall
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| determine whether there is a substantial probability that the accused will attain mental responsibility to stand trial within one year if he or she is provided with a course of treatment.
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(A) In the case of a general court-martial, if
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| the official responsible for determining capacity to stand trial finds that there is not a substantial probability that the accused will attain mental responsibility within one year if he or she is provided with a course of treatment, the case shall proceed as provided in Section 104-23 of the Code of Criminal Procedure of 1963. In a special court-martial, the case shall proceed after the expiration of the maximum period of confinement authorized for the offense or offenses charged.
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(B) If the official responsible for determining
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| capacity to stand trial finds that there is a probability that the accused will attain mental responsibility within one year if he or she is provided with a course of treatment, or if the official is unable to determine whether a substantial probability exists, the accused shall be ordered to undergo treatment for the purpose of rendering him or her fit in accordance with subsections (b) or (c) of Section 104-17 of the Code of Criminal Procedure of 1963.
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(1) Any references to "the court" in Sections
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| 104-23 and 104-17 of the Code of Criminal Procedure of 1963 mean the general court-martial convening authority.
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(2) The general court-martial convening
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| authority shall, as necessary, transmit the information as provided in subsection (d) of Section 104-17 of the Code of Criminal Procedure of 1963.
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(b) Persons found not guilty by reason of lack of mental responsibility.
(1) The accused is presumed to have been mentally
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| responsible at the time of the alleged offense. This presumption continues until the accused establishes, by clear and convincing evidence, that he or she was not mentally responsible at the time of the alleged offense. A mental condition not amounting to a lack of mental responsibility under Article 50a of this Code is not an affirmative defense.
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(2) If a question is raised concerning the mental
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| responsibility of the accused, the military judge shall rule whether to direct an inquiry under Rule 706 of the Rules for Court-Martial as described in the Manual for Courts-Martial, United States (2012 Edition), or under any subsequent rule adopted in accordance with applicable law and regulation by the President of the United States. The issue of mental responsibility shall not be considered an interlocutory question.
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(3) If a person is found not guilty only by reason of
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| lack of mental responsibility, the case shall proceed in accordance with State law pertaining to persons acquitted by reason of insanity as provided in Section 5-2-4 of the Unified Code of Corrections. References within that Section to "the court" or "clerk of the court" mean the general court-martial convening authority.
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(4) After a finding or verdict of not guilty only by
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| reason of lack of mental responsibility, the accused shall be ordered to the Department of Human Services for an evaluation as to whether he or she is in need of mental health services. The order shall specify whether the evaluation shall be conducted on an inpatient or outpatient basis. If the evaluation is to be conducted on an inpatient basis, the accused shall be placed in a secure setting. A copy of the law enforcement reports, criminal charges, arrest record, jail record, record of trial, and any victim impact statement shall be sent with the order for evaluation. After the evaluation and during the period of time required to determine the appropriate placement, the accused shall remain in confinement. Individualized placement evaluations performed by the Department of Human Services shall be used to determine the most appropriate setting for forensic treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender, and proximity to family. Upon completion of the placement process, the sheriff shall be notified and shall transport the accused to the designated facility.
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(Source: P.A. 100-1030, eff. 8-22-18.)
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(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;
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(2) quits his unit, organization, or place of duty
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| with intent to avoid hazardous duty or to shirk important service; or
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(3) without being regularly separated from one of
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| 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;
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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 .)
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(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;
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(2) willfully disobeys the lawful order of a
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| warrant officer, noncommissioned officer, or petty officer; or
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(3) treats with contempt or is disrespectful in
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| language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
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shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17 .)
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(20 ILCS 1807/93a) 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 |
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(2) who is in a training leadership position with
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| respect to a specially protected junior member of the State military forces; and
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(3) who engages in prohibited sexual activity with
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| such specially protected junior member of the State military forces;
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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
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| prohibited sexual activity with an applicant for military service; or
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(2) who is a military recruiter and engages in
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| prohibited sexual activity with a specially protected junior member of the State military forces who is enlisted under a delayed entry program;
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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
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(A) a member of the State military forces who is
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| 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;
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(B) a member of the State military forces who is
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| a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and
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(C) a member of the State military forces in any
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| program that, by regulation prescribed by the Secretary of the Army or the Air Force, is identified as a training program for initial career qualification.
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(2) "Training leadership position" means, with
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| respect to a specially protected junior member of the State military forces, any of the following:
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(A) Any drill instructor position or other
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| 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 of the Army or the Air Force, is identified as a training program for initial career qualification.
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(B) Faculty and staff of a State military
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| academy, a regional training institute, or any other formal military education program.
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(3) "Applicant for military service" means a person
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| who, under regulations prescribed by the Secretary of the Army or the Air Force, is an applicant for original enlistment or appointment in the State military forces.
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(4) "Military recruiter" means a person who, under
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| regulations prescribed by the Secretary of the Army or the Air Force, has the primary duty to recruit persons for military service.
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(5) "Prohibited sexual activity" means, as specified
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| in regulations prescribed by the Secretary of the Army or the Air Force, inappropriate physical intimacy under circumstances described in such regulations.
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(Source: P.A. 101-367, eff. 8-9-19.)
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(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;
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(2) with intent to cause the overthrow or
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| 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
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(3) fails to do his utmost to prevent and suppress
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| 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.
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(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 .)
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(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;
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(3) through disobedience, neglect, or intentional
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| misconduct endangers the safety of any such command, unit, place, or military property;
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(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
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| place under control of the armed forces of the United States or the State military forces;
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(8) willfully fails to do his utmost to encounter,
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| 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
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(9) does not afford all practicable relief
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| 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;
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shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17 .)
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(20 ILCS 1807/105a) 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.
(Source: P.A. 101-367, eff. 8-9-19.) |
(20 ILCS 1807/106a)
Sec. 106a. Article 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. Any person subject to this Code:
(1) who is not authorized to wear an insignia, |
| decoration, badge, ribbon, device, or lapel button; and
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(2) who wrongfully wears such insignia, decoration,
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| badge, ribbon, device, or lapel button upon the person's uniform or civilian clothing;
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shall be punished as a court-martial may direct.
(Source: P.A. 101-367, eff. 8-9-19.)
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(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, knowing it to be false; or
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(2) makes any other false official statement knowing
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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
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| oath is required or authorized by law; and
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(B) is administered by a person with authority to
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(2) who, upon such oath, makes or subscribes to a
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| statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true,
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shall be punished as a court-martial may direct.
(Source: P.A. 101-367, eff. 8-9-19.)
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(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.
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(2) Any substance not specified in paragraph (1)
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| 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.).
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(3) Any other substance not specified in paragraph
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| (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).
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(Source: P.A. 99-796, eff. 1-1-17 .)
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(20 ILCS 1807/123)
Sec. 123. Article 123. Offenses concerning Government computers.
(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;
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(2) intentionally accesses a Government computer,
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| with an unauthorized purpose, and thereby obtains classified or other protected information from any such Government computer; or
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(3) knowingly causes the transmission of a program,
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| information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer;
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shall be punished as a court-martial may direct.
(b) In this Article:
(1) "Computer" has the meaning given that term in
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| Section 1030 of Title 18 of the United States Code.
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(2) "Government computer" means a computer owned or
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| operated by or on behalf of the United States Government or State government.
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(3) "Damage" has the meaning given that term in
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| Section 1030 of Title 18 of the United States Code.
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(Source: P.A. 101-367, eff. 8-9-19.)
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(20 ILCS 1807/124)
Sec. 124. Article 124. 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
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(B) presents to any person in the civil or military
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| service thereof, for approval or payment, any claim against the United States, this State, or any officer thereof;
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(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
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| it to contain any false or fraudulent statements;
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(B) makes any oath, affirmation, or certification to
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| any fact or to any writing or other paper knowing the oath, affirmation, or certification to be false; or
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(C) forges or counterfeits any signature upon any
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| writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
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(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. 101-367, eff. 8-9-19.)
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(20 ILCS 1807/132)
Sec. 132. Article 132. Retaliation. (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
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(2) wrongfully withholds or threatens to withhold a
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| favorable personnel action with respect to any person;
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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
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| Congress or an Inspector General.
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(B) A communication to a covered individual or
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| 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:
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(i) A violation of law or regulation,
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| including a law or regulation prohibiting sexual harassment or unlawful discrimination.
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(ii) Gross mismanagement, a gross waste of
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| funds, an abuse of authority, or a substantial and specific danger to public health or safety.
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(2) "Inspector General" has the meaning given that
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| term in Section 1034(j) of Title 10 of the United States Code.
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(3) "Covered individual or organization" means any
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| recipient of a communication specified in clauses (i) through (v) of Section 1034(b)(1)(B) of Title 10 of this Code.
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(4) "Unlawful discrimination" means discrimination on
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| the basis of race, color, religion, sex, or national origin.
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(Source: P.A. 101-367, eff. 8-9-19.)
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