reglab/housing_qa huggingface dataset:
NV Rev Stat § 412.386 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.386 - Penalty for refusal of person not subject to Code to appear or testify.

Any person not subject to this Code who:  1. Has been subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;  2. Has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a district court of the State; and  3. Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce,  is guilty of an offense against the State and may be punished in the same manner as if committed before civil courts of the State.  (Added to NRS by 1967, 1323)
NV Rev Stat § 412.388 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.388 - Contempt; penalty.

A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. A person not subject to this Code may be punished for contempt by a military court in the same otherwise applicable manner as that person could be punished if found in contempt of a criminal or civil court of the State.  (Added to NRS by 1967, 1323; A 2013, 1129)
NV Rev Stat § 412.392 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.392 - Deposition.

  1. At any time after charges have been signed, as provided in NRS 412.344, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.  2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.  3. Depositions may be taken before and authenticated by any military officer or other person authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.  4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:  (a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the place of hearing;  (b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or  (c) That the present whereabouts of the witness is unknown.  (Added to NRS by 1967, 1323)
NV Rev Stat § 412.394 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.394 - Admissibility of records of courts of inquiry.

  1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.  2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.  3. Such testimony may also be read in evidence before a court of inquiry or a military board.  (Added to NRS by 1967, 1324)
NV Rev Stat § 412.3945 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.3945 - Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

  1. It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense.  2. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.  3. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:  (a) Guilty;  (b) Not guilty; or  (c) Not guilty by reason of lack of mental responsibility.  Notwithstanding the provisions of NRS 412.396, the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph (c) if a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.  4. The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:  (a) Guilty;  (b) Not guilty; or  (c) Not guilty only by lack of mental responsibility.  Notwithstanding the provisions of NRS 412.396, the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.  (Added to NRS by 2013, 1098)
NV Rev Stat § 412.396 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.396 - Voting; rulings; instructions; findings.

  1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398, beginning with the junior in rank.  2. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438, inclusive. During the trial, the military judge may change the ruling at any time.  3. Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:  (a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;  (b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;  (c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and  (d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.  4. If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.  (Added to NRS by 1967, 1324; A 1973, 136; 2013, 1129)
NV Rev Stat § 412.398 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.398 - Number of votes required.

  1. No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.  2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.  3. 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 finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by voice and by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.  (Added to NRS by 1967, 1325; A 2013, 1130)
NV Rev Stat § 412.402 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.402 - Court to announce action.

A court-martial shall announce its findings and sentence to the parties as soon as determined.  (Added to NRS by 1967, 1325)
NV Rev Stat § 412.404 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.404 - Record of trial.

  1. Each general and special court-martial must keep a separate record of the proceedings of the trial of each case brought before it and the record must be authenticated by the signatures of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his or her absence, it must be signed by a member in lieu of him or her. If both the president and the military judge are unavailable, the record must be authenticated by two members. In a court-martial consisting of only a military judge, the court reporter shall authenticate the record under the same conditions which would impose such a duty on a member pursuant to this subsection.  2. A complete verbatim record of the proceedings and testimony must be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record must contain such matters as may be prescribed by regulations.  3. Each summary court-martial must keep a separate record of the proceedings in each case, and the record must be authenticated in the manner as may be prescribed by regulations.  4. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 2, the accused may buy such a record in accordance with Office regulations.  (Added to NRS by 1967, 1325; A 1973, 136; 1993, 1611; 2013, 1130)
NV Rev Stat § 412.406 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.406 - Cruel and unusual punishments prohibited.

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.  (Added to NRS by 1967, 1325)
NV Rev Stat § 412.408 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.408 - Punishments limited.

  1. The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this Code, but a sentence may not exceed more than confinement for 10 years for a military offense nor can a sentence of death be adjudged. Any conviction by general court-martial of any military offense for which an accused can receive a sentence of confinement for more than 1 year is a felony. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction.  2. The limits of punishment for violations of punitive articles prescribed herein must be the lesser of the sentences prescribed by the Manual for Courts-Martial of the United States that went into effect on January 1, 2004, and the most current edition of the State manual for courts-martial, if any, but no punishment may exceed that authorized by this Code.  3. None of the provisions of this Code shall subject anyone to imprisonment for failure to pay a fine imposed by a military court.  (Added to NRS by 1967, 1325; A 2013, 1131)
NV Rev Stat § 412.412 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.412 - Effective date of sentence.

  1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.  2. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended must be excluded in computing the service of the term of confinement. Office regulations may provide that sentences of confinement may not be executed until approved by designated officers.  3. All other sentences of courts-martial are effective on the date ordered executed.  (Added to NRS by 1967, 1325; A 1993, 1611)
NV Rev Stat § 412.414 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.414 - Execution of confinement.

  1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, detention facility, penitentiary or prison designated for that purpose. Persons so confined in a jail, detention facility, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, detention facility, penitentiary or prison by the courts of the State or of any political subdivision thereof.  2. No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.  3. The keepers, officers and wardens of city or county jails and of other jails, detention facilities, penitentiaries or prisons designated by the Governor, or by such person as the Governor may authorize to act under NRS 412.276, shall:  (a) Receive persons ordered into confinement before trial and persons committed to confinement by a military court; and  (b) Confine them according to law.  A keeper, officer or warden may not require payment of any fee or charge for so receiving or confining a person.  (Added to NRS by 1967, 1326; A 1989, 1181; 2013, 1131)
NV Rev Stat § 412.4145 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.4145 - Deferment of service of sentence of confinement.

  1. On application by an accused who is under a sentence of confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in the sole discretion of that person, defer service of the sentence of confinement. The deferment must terminate when the sentence is ordered executed. The person who granted the deferment may rescind the deferment at any time. If the accused is no longer under the jurisdiction of the person who granted the deferment, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may rescind the deferment at any time.  2. In any case in which a court-martial sentences an accused referred to in subsection 1 to confinement, the convening authority may defer the service of the sentence of confinement without the consent of the accused until after the accused has been permanently released to the state military forces by a state, the United States or a foreign country.  3. Subsection 1 applies to a person subject to this Code who:  (a) While in the custody of a state, the United States or a foreign country is temporarily returned by that state, the United States or a foreign country to the state military forces for trial by court-martial; and  (b) After the court-martial described in paragraph (a), is returned to that state, the United States or a foreign country under the authority of a mutual agreement or treaty, as the case may be.  4. In any case in which a court-martial sentences an accused to confinement and the sentence of confinement has been ordered executed pending review, the Adjutant General may defer further service of the sentence of confinement while that review is pending.  5. As used in this section, the term "state" includes any state, the District of Columbia and any commonwealth, territory or possession of the United States.  (Added to NRS by 2013, 1099)
NV Rev Stat § 412.4155 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.4155 - Forfeiture of pay and allowances during period of confinement or parole; waiver.

  1. This section applies to any sentence that includes:  (a) Confinement for more than 6 months; or  (b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge or dismissal.  2. A sentence described in subsection 1 must result in the forfeiture of pay, or of pay and allowances, due the sentenced serviceman or servicewoman during any period of confinement or parole. The forfeiture required pursuant to this subsection must take effect on the date determined under this Code and may be deferred as provided by law. In the case of a general court-martial, all pay and allowances due the sentenced serviceman or servicewoman during such period must be forfeited. In the case of a special court-martial, two-thirds of all pay due the sentenced serviceman or servicewoman during such period must be forfeited.  3. In a case involving an accused who has dependents, the convening authority or other person acting under this Code may waive any or all of the forfeitures of pay and allowances required by subsection 2 for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.  4. If the sentence of a serviceman or servicewoman who forfeits pay and allowances under subsection 2 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 1, the serviceman or servicewoman must be paid the pay and allowances which the serviceman or servicewoman would otherwise have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.  (Added to NRS by 2013, 1099)
NV Rev Stat § 412.4157 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.4157 - Person sentenced by court-martial may be required to take leave under certain circumstances.

Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of any action under NRS 412.304 to 412.4495, inclusive, if the sentence includes an unsuspended dismissal, an unsuspended dishonorable discharge or a bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved or at any time after such date, and such leave may be continued until the date on which action under NRS 412.304 to 412.4495, inclusive, is completed or may be terminated at an earlier time.  (Added to NRS by 2013, 1102)
NV Rev Stat § 412.416 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.416 - Reduction in enlisted grade upon approval.

  1. Unless otherwise provided in Office regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:  (a) A dishonorable or bad-conduct discharge; or  (b) Confinement,  reduces that member to pay grade E-1, effective on the date of that approval.  2. If the sentence of a member who is reduced in pay grade under subsection 1 is set aside or disapproved, or, as finally approved, does not include punishment named in subsection 1, the rights and privileges of which the member was deprived because of that reduction must be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had the member not been so reduced.  (Added to NRS by 1967, 1326; A 1993, 1611; 2013, 1132)
NV Rev Stat § 412.418 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.418 - Approval and execution or suspension of sentence.

  1. Except as otherwise provided in NRS 412.316 to 412.433, inclusive, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.  2. If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal, a dishonorable discharge or a bad-conduct discharge must not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in NRS 412.432, and is deemed final by the law of the state where judgment was had.  3. If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn, the dismissal, dishonorable discharge or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review is completed. The convening authority or other person acting on the case under the Code when so approved under this section may order any other part of a court-martial sentence executed immediately.  (Added to NRS by 1967, 1326; A 2013, 1132)