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Nevada Revised Statutes (Last Updated: December 24, 2014) |
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TITLE36 MILITARY AFFAIRS AND CIVIL EMERGENCIES |
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CHAPTER412. State Militia |
| GENERAL PROVISIONS |
| NRS 412.012. Definitions. |
| NRS 412.014. “Office” defined. |
| NRS 412.016. “Office regulations” defined. |
| NRS 412.018. “Officer” defined. |
| NRS 412.022. “Reservists” defined. |
| NRS 412.024. “Volunteers” defined. |
| COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS |
| NRS 412.026. Composition of militia. |
| NRS 412.032. Powers and duties of officers; administration of oaths. |
| NRS 412.034. Governor as Commander in Chief; regulations. |
| NRS 412.036. Applicability of custom and usage of United States Army and United States Air Force. |
| NRS 412.038. Service of Nevada National Guard outside State. |
| ADJUTANT GENERAL |
| NRS 412.042. Military staff of Governor. |
| NRS 412.044. Appointment; term; qualifications; grade. |
| NRS 412.046. Restriction on holding other office of profit. |
| NRS 412.048. Duties; employees. |
| NRS 412.052. Additional duties; seal. |
| NRS 412.054. Assistant Adjutants General. |
| NRS 412.056. Acting Adjutant General. |
| NRS 412.058. United States Property and Fiscal Officer. |
| NRS 412.062. Attorney General as military legal adviser. |
| OFFICE OF THE MILITARY |
| NRS 412.064. Establishment; powers; duties. |
| NRS 412.066. Enumeration of powers and duties not exclusive. |
| NRS 412.068. Adjutant General as Director of Office. |
| NRS 412.072. Organization of Office. |
| NRS 412.074. Army and air technicians. |
| NRS 412.076. Status of members of militia and employees on active duty. |
| NRS 412.082. Drawing warrants. |
| NRS 412.084. Receipt and disposition of certain federal money. |
| NRS 412.086. Deposits in State General Fund and Permanent School Fund. |
| NRS 412.088. Promotion of practice with rifle and pistol. |
| ARMORIES; PROPERTY |
| NRS 412.092. “Armory” defined. |
| NRS 412.094. Control of armory and property; regulations for armories. |
| NRS 412.096. Insurance against loss and mysterious disappearance of equipment and supplies. |
| NRS 412.098. Armory and arsenal: Duties of State Public Works Division of Department of Administration. |
| NRS 412.102. Armory: Provision; maintenance; incidental expenses. |
| NRS 412.103. Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law. |
| NRS 412.104. Reconveyance of land to political subdivision. |
| NRS 412.106. Use of armory. |
| NRS 412.108. Lease or agreement for use of armory. |
| NRS 412.109. Lease or agreement for use of facility of Office. |
| ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS |
| NRS 412.112. Army National Guard. |
| NRS 412.114. Air National Guard. |
| NRS 412.116. Organization and training; equality of treatment and opportunity. |
| NRS 412.117. Privacy of members of opposite sexes. |
| NRS 412.118. Assemblies, periodic training and other duties. |
| NRS 412.122. Governor may order National Guard into active service of State and declare martial law; procedure in absence of Governor from State. |
| NRS 412.123. Order calling National Guard into active service directed to commanding officer. |
| NRS 412.124. Ordering National Guard to active duty; pay and allowances. |
| LICENSED VOLUNTEERS; RESERVISTS |
| NRS 412.126. Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members. |
| NRS 412.128. Ordering reservists of Nevada National Guard or volunteer military organization into active service; regulations. |
| NRS 412.134. Reservists and volunteers on active duty: Period; applicability of laws and regulations; pay and allowances; uniforms. |
| NRS 412.136. Deserters. |
| RIGHTS AND PRIVILEGES OF MEMBERS |
| NRS 412.138. Use of National Guard as labor force; pay and allowances. |
| NRS 412.139. Unlawful termination of employment of member of National Guard because of training, active service or duty, or other required meetings; penalty. |
| NRS 412.1393. Unlawful termination of employment: Hearing. |
| NRS 412.1395. Unlawful termination of employment: Reinstatement; wages and benefits. |
| NRS 412.142. Industrial insurance; compensation; exceptions. |
| NRS 412.143. Educational benefits. |
| NRS 412.1435. Patriot Relief Account: Creation; sources; uses; duties of Adjutant General. |
| NRS 412.144. Credit for active federal service. |
| NRS 412.146. Eligibility to state office of federally paid members of militia. |
| NRS 412.152. Privileged reports and communications; defending member in legal proceedings. |
| NRS 412.153. Personal information: Confidentiality. |
| NRS 412.154. Civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice. |
| HONORS, AWARDS AND DECORATIONS |
| NRS 412.1555. Nevada War on Terrorism Medal: Creation; award; duties of Office. |
| COMMISSIONED AND WARRANT OFFICERS |
| NRS 412.156. Appointment and promotion of commissioned officer; honorary commission. |
| NRS 412.158. Applicability of chapter to warrant officers. |
| NRS 412.162. Nevada Military Academy: Creation; composition. |
| NRS 412.164. Qualifications. |
| NRS 412.166. Oath. |
| NRS 412.168. Assignment and transfer; residence. |
| NRS 412.172. Resignation; conditional release. |
| NRS 412.174. Absence without leave considered resignation. |
| NRS 412.176. Efficiency and medical examining boards; appointment. |
| NRS 412.178. Efficiency and medical examining boards: Procedure; powers. |
| NRS 412.182. Responsibility for public property. |
| NRS 412.184. Allowances for uniform and equipment. [Repealed] |
| NRS 412.186. Nevada National Guard Association. |
| ENLISTED PERSONNEL |
| NRS 412.188. Enlistment, period of service, oath, transfer and discharge; extension of enlistment. |
| NRS 412.192. Noncommissioned officers. |
| NRS 412.194. Absence without leave: Discharge. |
| NRS 412.1945. Nevada Enlisted Association of the National Guard of the United States. |
| NEVADA CODE OF MILITARY JUSTICE |
| General Provisions |
| NRS 412.196. Short title. |
| NRS 412.198. Definitions. |
| NRS 412.202. “Accuser” defined. |
| NRS 412.204. “Active state duty” defined. |
| NRS 412.206. “Apprehension” defined. |
| NRS 412.208. “Arrest” defined. |
| NRS 412.212. “Code” defined. |
| NRS 412.214. “Commanding officer” defined. |
| NRS 412.216. “Commissioned officer” defined. |
| NRS 412.218. “Confinement” defined. |
| NRS 412.222. “Convening authority” defined. |
| NRS 412.224. “Enlisted member” defined. |
| NRS 412.226. “Grade” defined. |
| NRS 412.232. “Legal officer” defined. |
| NRS 412.234. “May” defined. |
| NRS 412.236. “Military” defined. |
| NRS 412.238. “Military court” defined. |
| NRS 412.239. “Military judge” defined. |
| NRS 412.242. “Nevada National Guard” defined. |
| NRS 412.243. “Nonjudicial punishment” defined. |
| NRS 412.2435. “Principal assistant” defined. |
| NRS 412.244. “Rank” defined. |
| NRS 412.2445. “Restraint-of-freedom punishments” defined. |
| NRS 412.2455. “Senior force judge advocate” defined. |
| NRS 412.246. “Shall” defined. |
| NRS 412.247. “Staff judge advocate” defined. |
| NRS 412.248. “State Judge Advocate” defined. |
| NRS 412.249. “State military forces” defined. |
| NRS 412.252. “Superior commissioned officer” defined. |
| NRS 412.253. Duties of principal assistant. |
| NRS 412.254. Applicability. |
| NRS 412.2545. Jurisdiction over member of state military forces and persons in custody of state military forces. |
| NRS 412.256. Jurisdiction over certain offenses and to try certain personnel. |
| NRS 412.258. Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment. |
| NRS 412.262. Territorial applicability of Nevada Code of Military Justice. |
| NRS 412.263. Failure to comply with procedural provision of Code does not invalidate punishment imposed unless servicemen or servicewomen materially prejudiced by error. |
| NRS 412.264. Judge advocates and legal officers. |
| NRS 412.2645. Person may not be tried or punished while incompetent. |
| Apprehension and Restraint |
| NRS 412.266. Apprehension by authorized persons; quelling disorder. |
| NRS 412.267. Arrest of member failing or refusing to report to place of duty; bail. |
| NRS 412.2675. Warrant of arrest: Form; fees and mileage for service. |
| NRS 412.268. Apprehension of deserter. |
| NRS 412.272. Order of apprehension, arrest or confinement. |
| NRS 412.274. Restraint of person charged with offense; notice of charges; summary disposition. |
| NRS 412.276. Place of confinement. |
| NRS 412.277. Limitations on confinement. |
| NRS 412.278. Receipt of prisoner; report. |
| NRS 412.282. Certain punishments prohibited before trial; labor pending trial. |
| NRS 412.284. Delivery of offender to civil authority; return to military authority. |
| Nonjudicial Punishment |
| NRS 412.286. Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers. |
| NRS 412.287. Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment. |
| NRS 412.2875. Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding. |
| NRS 412.2879. Right of accused to demand trial by court-martial; limitations. |
| NRS 412.288. Imposition and enforcement of disciplinary punishment without court-martial. |
| NRS 412.292. Powers of officer in charge to impose punishment. [Repealed] |
| NRS 412.2935. Announcement of results of punishment. |
| NRS 412.294. Suspension, remission or mitigation of punishment. |
| NRS 412.296. Appeal to superior authority. |
| NRS 412.298. Disciplinary punishment not bar to court-martial. |
| NRS 412.302. Records of nonjudicial punishment. |
| Jurisdiction of Courts-Martial |
| NRS 412.304. Courts-martial of Nevada National Guard not in federal service; composition. |
| NRS 412.306. Jurisdiction of courts-martial of each force. |
| NRS 412.307. Jurisdiction of courts-martial of each component and branch of state military forces. |
| NRS 412.308. General court-martial. |
| NRS 412.312. Special court-martial. |
| NRS 412.314. Summary court-martial. |
| NRS 412.316. Sentence of dismissal or dishonorable discharge must be approved by Governor. |
| NRS 412.318. When complete record of proceedings and testimony required. |
| NRS 412.322. Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice. |
| Convening and Composition of Courts-Martial |
| NRS 412.324. Convening general court-martial. |
| NRS 412.326. Convening special court-martial. |
| NRS 412.328. Convening summary court-martial. |
| NRS 412.332. Who may serve on courts-martial. |
| NRS 412.334. Military judge of general or special court-martial. |
| NRS 412.3345. Military judge: Qualifications. |
| NRS 412.336. Trial counsel and defense counsel. |
| NRS 412.338. Court reporter and interpreter. |
| NRS 412.342. Absence or excusal of member of court-martial; additional members; effect of absence on trial. |
| Pretrial Procedure |
| NRS 412.344. Charges and specifications. |
| NRS 412.346. Compulsory self-incrimination and immaterial and degrading evidence prohibited; accused must be informed of his or her rights. |
| NRS 412.348. Investigation: Procedure; rights of accused; uncharged offenses. |
| NRS 412.352. Forwarding of charges. |
| NRS 412.354. Advice of State Judge Advocate; reference for trial; formal correction of charges. |
| NRS 412.356. Service of charges. |
| Trial Procedure |
| NRS 412.358. Procedural regulations. |
| NRS 412.362. Unlawfully influencing action of court. |
| NRS 412.364. Duties of trial counsel and defense counsel. |
| NRS 412.366. Presence of members and parties at proceedings. |
| NRS 412.368. Continuance. |
| NRS 412.372. Challenges of military judge and members. |
| NRS 412.374. Oaths. |
| NRS 412.376. Statute of limitations; computation and suspension of period of limitation. |
| NRS 412.378. Double jeopardy. |
| NRS 412.382. Pleas of accused; effect of plea of guilty. |
| NRS 412.384. Obtaining witnesses and evidence: Procedure; service of process. |
| NRS 412.386. Refusal to appear or testify. |
| NRS 412.388. Contempt; penalty. |
| NRS 412.392. Deposition. |
| NRS 412.394. Admissibility of records of courts of inquiry. |
| NRS 412.3945. Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court. |
| NRS 412.396. Voting; instructions; findings. |
| NRS 412.398. Number of votes required. |
| NRS 412.402. Court to announce action. |
| NRS 412.404. Record of trial. |
| Sentences |
| NRS 412.406. Cruel and unusual punishments prohibited. |
| NRS 412.408. Punishments limited. |
| NRS 412.412. Effective date of sentence. |
| NRS 412.414. Execution of confinement. |
| NRS 412.4145. Deferment of service of sentence of confinement. |
| NRS 412.4155. Forfeiture of pay and allowances during period of confinement or parole; waiver. |
| NRS 412.4157. Person sentenced by court-martial may be required to take leave under certain circumstances. |
| NRS 412.416. Reduction in enlisted grade upon approval. |
| Review of Courts-Martial |
| NRS 412.418. Approval and execution or suspension of sentence. |
| NRS 412.423. Withdrawal by accused of appeal or right to appeal. |
| NRS 412.424. Reconsideration and revision of court’s ruling. |
| NRS 412.426. Rehearing: Members of court; conditions. |
| NRS 412.428. Approval by convening authority. |
| NRS 412.432. Review of records; disposition. |
| NRS 412.433. Representation of government and accused upon appeal. |
| NRS 412.434. Error of law; lesser included offense. |
| NRS 412.436. Counsel for accused at review. |
| NRS 412.437. Procedure applicable to appeal from decision of court-martial. |
| NRS 412.4375. Appeals by State. |
| NRS 412.438. Vacation of suspension of sentence. |
| NRS 412.442. Petition for new trial. |
| NRS 412.444. Remission and suspension of sentence; substitution of administrative discharge. |
| NRS 412.446. Restoration of rights; substitution of discharge; reappointment. |
| NRS 412.448. Finality of proceedings, findings and sentence. |
| NRS 412.449. Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness. |
| NRS 412.4495. Rights of person whose mental condition is subject of hearing. |
| Punitive Provisions |
| NRS 412.452. Trial or punishment for offense committed while on duty. |
| NRS 412.454. Principal. |
| NRS 412.456. Accessory after fact. |
| NRS 412.458. Conviction of lesser included offense. |
| NRS 412.462. Attempt. |
| NRS 412.464. Conspiracy. |
| NRS 412.466. Solicitation. |
| NRS 412.468. Fraudulent enlistment, appointment or separation. |
| NRS 412.472. Unlawful enlistment, appointment or separation. |
| NRS 412.474. Desertion. |
| NRS 412.476. Absence without leave. |
| NRS 412.478. Failure to make required move. |
| NRS 412.482. Contempt toward public officer. |
| NRS 412.484. Disrespect toward superior commissioned officer. |
| NRS 412.486. Assaulting or willfully disobeying superior commissioned officer. |
| NRS 412.488. Insubordinate conduct toward warrant officer or noncommissioned officer. |
| NRS 412.492. Failure to obey order or regulation. |
| NRS 412.494. Cruelty and maltreatment. |
| NRS 412.496. Mutiny or sedition. |
| NRS 412.498. Resisting arrest; escape. |
| NRS 412.502. Releasing prisoner without proper authority. |
| NRS 412.504. Unlawful detention. |
| NRS 412.506. Noncompliance with procedural rules. |
| NRS 412.508. Misbehavior before enemy. |
| NRS 412.512. Subordinate compelling surrender. |
| NRS 412.514. Improper use of countersign. |
| NRS 412.516. Forcing safeguard. |
| NRS 412.518. Improper use of captured or abandoned property. |
| NRS 412.522. Aiding enemy. |
| NRS 412.524. Misconduct as prisoner. |
| NRS 412.5245. Spying. |
| NRS 412.5255. Communication, delivery or transmittal of object or information to foreign government or entity. |
| NRS 412.526. Making false official statement. |
| NRS 412.528. Loss, damage, destruction or wrongful disposition of military property. |
| NRS 412.532. Waste, spoilage or destruction of property other than military. |
| NRS 412.534. Improper hazarding of vessel. |
| NRS 412.536. Drunken or reckless driving. |
| NRS 412.538. Drunk on duty; sleeping on post; leaving post before relief. |
| NRS 412.5385. Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances. |
| NRS 412.542. Dueling. |
| NRS 412.544. Malingering. |
| NRS 412.546. Riot or breach of peace. |
| NRS 412.548. Provoking words or gestures. |
| NRS 412.5485. Sexual assault and sexual misconduct. |
| NRS 412.549. Stalking. |
| NRS 412.5495. Larceny and wrongful appropriation. |
| NRS 412.5505. Extortion. |
| NRS 412.5515. Assault and aggravated assault. |
| NRS 412.552. Stealing goods of less than $100 value. |
| NRS 412.554. Perjury. |
| NRS 412.556. Fraud against the government. |
| NRS 412.558. Conduct unbecoming an officer. |
| NRS 412.562. Disorder and neglect prejudicing good order and discipline; jurisdiction of certain crimes reserved to civil court. |
| Miscellaneous Provisions |
| NRS 412.564. Court of inquiry. |
| NRS 412.5645. Administration of oaths. |
| NRS 412.566. Explanation of certain sections; availability of Code and regulation. |
| NRS 412.568. Complaint against commanding officer. |
| NRS 412.572. Redress of injuries to property. |
| NRS 412.574. Process of military courts. |
| NRS 412.576. Payment and disposition of fine. |
| NRS 412.578. Immunity for action of military courts. |
| NRS 412.582. Presumption of jurisdiction. |
| NRS 412.583. Uniformity of construction. |
| NRS 412.5835. Severability. |
| NRS 412.584. Delegation of authority by Governor; exceptions. |
| UNLAWFUL ACTS AND PENALTIES |
| NRS 412.588. Repossession of military property by State; penalty for failure to deliver or resistance to repossession. |
| NRS 412.592. Unlawful transfer of military property. |
| NRS 412.594. Unlawful wearing of uniform or insigne. |
| NRS 412.596. Wearing of uniform without authority; penalty. |
| NRS 412.598. Arrest of trespasser or disturber; penalty for certain sales and gambling. |
| NRS 412.602. Right-of-way on public street and highway; penalty for interference. |
| NRS 412.604. Unlawful drill or parade with arms by voluntary company or voluntary organization without license; drill or parade by students with consent of Governor; penalty. |
| NRS 412.606. Discrimination against member of National Guard; penalty. |