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 412.2877. Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.
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 412.2925. Use of summarized proceeding if commanding officer determines punishment will not include restraint-of-freedom punishments; notice to accused; accused not entitled to counsel; scheduling of hearing.
NRS 412.293. Use of formal proceeding if commanding officer determines punishment will include restraint-of-freedom punishments; notice to accused; accused entitled to counsel; commanding officer not bound by formal rules of evidence.
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 412.422. Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initial review by convening authority; review of record and opinion by State Judge Advocate.
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 412.431. Review by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of case sent for action to Adjutant General; authority of Adjutant General; authority of senior force judge advocate to send record of case to Governor for review and action; review by senior force judge advocate upon finding of not guilty.
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 412.4485. Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.
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.