reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.446 - Restoration of rights; substitution of discharge; reappointment.

1. Under Office regulations, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, must be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
2. If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.
3. If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment must be considered as service for all purposes.
(Added to NRS by 1967, 1329; A 1993, 1613)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.448 - Finality of proceedings, findings and sentence.

The proceedings, findings and sentences of court-martial as reviewed and approved, as required by this Code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval, as required by this Code, are final and conclusive. Orders publishing the proceedings of court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the State, subject only to action upon a petition for a new trial as provided in NRS 412.442.
(Added to NRS by 1967, 1330)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › 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.

1. Unless otherwise stated in this section, in the case of a person determined pursuant to NRS 412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715, inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715, inclusive, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715, inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715, inclusive, as if it were the court that ordered the commitment of the person.
2. When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person’s counsel and the authority having custody of the person. The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.
3. Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found may take any action within the authority of that court that the court considers appropriate regarding the person.
(Added to NRS by 2013, 1102)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › 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.

1. If a person is found by a court-martial not guilty by reason of lack of mental responsibility or not guilty only by reason of lack of mental responsibility, the person must be committed to a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.
2. The court-martial must conduct a hearing on the mental condition of the person in accordance with NRS 175.539. A report of the results of the hearing must be made to the convening authority having authority to convene a general court-martial for the person.
3. If the court-martial finds by clear and convincing evidence that the person is a person with mental illness, the convening authority having authority to convene a general court-martial for the person shall commit the person to the custody of a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.
4. Except as otherwise provided by law, the provisions of NRS 178.467 to 178.471, inclusive, apply in the case of a person committed to the custody of a suitable facility pursuant to this section, except that the convening authority having authority to convene a general court-martial for the person shall be considered the court that ordered the person’s commitment.
(Added to NRS by 2013, 1103)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.4495 - Rights of person whose mental condition is subject of hearing.

At a hearing ordered pursuant to NRS 412.4485 or 412.449, the person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain adequate representation, counsel must be appointed for the person pursuant to NRS 412.364 if the hearing is conducted by a court-martial or pursuant to NRS 171.188 if the hearing is conducted by a court of this State. The person must be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his or her behalf, and to confront and cross-examine witnesses who appear at the hearing.
(Added to NRS by 2013, 1103)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.452 - Trial or punishment for offense committed while subject to jurisdiction under the Code.

No person may be tried or punished for any offense provided for in NRS 412.454 to 412.562, inclusive, unless it was committed while the person was subject to jurisdiction under this Code in accordance with NRS 412.254, 412.2545 and 412.256, as applicable.
(Added to NRS by 1967, 1330; A 2013, 1136; 2017, 135; 2021, 465)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.454 - Principal.

Any person subject to this Code who:
1. Commits an offense punishable by this Code, or aids, abets, counsels, commands or procures its commission; or
2. Causes an act to be done which if directly performed by him or her would be punishable by this Code,
is a principal.
(Added to NRS by 1967, 1330)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.456 - Accessory after fact.

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts or assists the offender in order to hinder or prevent his or her apprehension, trial or punishment shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1330)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.462 - Attempt.

1. An act done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.
2. Any person subject to this Code who attempts to commit any offense punishable by this Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
3. Any person subject to this Code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
(Added to NRS by 1967, 1330)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.466 - Solicitation.

1. Any person subject to this Code who solicits or advises another or others to desert in violation of NRS 412.474 or to mutiny in violation of NRS 412.496 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense; but if the offense solicited or advised is not committed or attempted he or she shall be punished as a court-martial may direct.
2. Any person subject to this Code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of NRS 412.508 or sedition in violation of NRS 412.496 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed he or she shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.468 - Fraudulent enlistment, appointment or separation.

Any person who:
1. Procures his or her own enlistment or appointment in the Nevada National Guard by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
2. Procures his or her own separation from the Nevada National Guard by knowingly false representation or deliberate concealment as to his or her eligibility for that separation,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.472 - Unlawful enlistment, appointment or separation.

Any person subject to this Code who effects an enlistment or appointment in or a separation from the Nevada National Guard of any person who is known to him or her to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.474 - Desertion.

1. Any member of the Nevada National Guard who:
(a) Without authority goes or remains absent from his or her unit, organization or place of duty with intent to remain away therefrom permanently;
(b) Quits his or her unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the forces of the Nevada National Guard enlists or accepts an appointment in the same or another one of the forces of the Nevada National Guard, or in one of the Armed Forces of the United States, without fully disclosing the fact that he or she has not been regularly separated,
is guilty of desertion.
2. Any commissioned officer of the Nevada National Guard who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
3. Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.476 - Absence without leave.

Any person subject to this Code who, without authority:
1. Fails to go to his or her appointed place of duty at the time prescribed;
2. Goes from that place; or
3. Absents himself or herself or remains absent from his or her unit, organization or place of duty at which the person is required to be at the time prescribed,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.482 - Contempt toward public officer.

Any person subject to this Code who uses contemptuous words against the President, the Governor or the Legislature of this state, or the governor or legislature of any state, territory, commonwealth or possession wherein that person may be serving, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.486 - Assaulting or willfully disobeying superior commissioned officer.

Any person subject to this Code who:
1. Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or
2. Willfully disobeys a lawful command of his or her superior commissioned officer,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.488 - Insubordinate conduct toward warrant officer or noncommissioned officer.

Any warrant officer or enlisted member who:
1. Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his or her office;
2. Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
3. Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his or her office,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.492 - Failure to obey order or regulation.

Any person subject to this Code who:
1. Violates or fails to obey any lawful general order or regulation;
2. Having knowledge of any other lawful order issued by a member of the Nevada National Guard, which it is his or her duty to obey, fails to obey the order; or
3. Is derelict in the performance of his or her duties,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.496 - Mutiny or sedition.

1. Any person subject to this Code who:
(a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.
(b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition.
(c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
2. 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.
(Added to NRS by 1967, 1332)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.502 - Releasing prisoner without proper authority.

Any person subject to this Code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
(Added to NRS by 1967, 1333)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.506 - Noncompliance with procedural rules.

Any person subject to this Code who:
1. Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or
2. Knowingly and intentionally fails to enforce or comply with any provision of this Code regulating the proceedings before, during or after trial of an accused,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.508 - Misbehavior before 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 or her duty to defend;
3. Through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;
4. Casts away his or her arms or ammunition;
5. Is guilty of cowardly conduct;
6. Quits his or her place of duty to plunder or pillage;
7. Causes false alarms in any command, unit or place under control of the Armed Forces of the United States or the organized militia;
8. Willfully fails to do his or her utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his or her duty so to encounter, engage, capture or destroy; or
9. Does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the Armed Forces belonging to the United States or their allies, to this state or to any other state, when engaged in battle,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.512 - Subordinate compelling surrender.

Any person subject to this Code who compels or attempts to compel the commander of any force of the Nevada National Guard or of the National Guard of any other state to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.514 - Improper use of countersign.

Any person subject to this Code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.518 - Improper use of captured or abandoned property.

1. All persons subject to this Code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.
2. Any person subject to this Code who:
(a) Fails to carry out the duties prescribed in subsection 1;
(b) Buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit or advantage to himself or herself or another directly or indirectly connected with himself or herself; or
(c) Engages in looting or pillaging,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.522 - Aiding enemy.

Any person subject to this Code who:
1. Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or other things; or
2. Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.524 - Misconduct as prisoner.

Any person subject to this Code who, while in the hands of the enemy in time of war:
1. For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
2. While in a position of authority over such persons maltreats them without justifiable cause,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5245 - Spying.

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel or aircraft within the control or jurisdiction of any of the Armed Forces of the United States or in or about any shipyard, any manufacturing or industrial plant or any other place or institution engaged in work in aid of the prosecution of the war by the United States or elsewhere must be tried by a general court-martial.
(Added to NRS by 2013, 1104)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5255 - Communication, delivery or transmittal of object or information to foreign government or entity.

1. Any person subject to this Code who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, directly or indirectly communicates, delivers or transmits, or attempts to communicate, deliver or transmit, any object or information to any entity shall be punished as a court-martial may direct.
2. A person accused pursuant to this section must be given broad latitude to present matters in extenuation and mitigation.
3. Findings made pursuant to this section may be based on evidence introduced on the issue of guilt or innocence, and evidence introduced during the sentencing proceeding.
4. As used in this section:
(a) "Entity" means:
(1) A foreign government;
(2) A faction, party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or
(3) A representative, officer, agent, employee, subject or citizen of a government, faction, party or force that is described in subparagraph (1) or (2).
(b) "Object or information" includes, without limitation, a document, writing, code book, signal book, sketch, photograph, photolineart negative, blueprint, plan, map, model, note, instrument, appliance or other information relating to national defense.
(Added to NRS by 2013, 1104)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.526 - Making false official statement.

Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.528 - Loss, damage, destruction or wrongful disposition of military property.

Any person subject to this Code who, without proper authority:
1. Sells or otherwise disposes of;
2. Willfully or through neglect damages, destroys or loses; or
3. Willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of,
any military property of the United States or of the State shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.532 - Waste, spoilage or destruction of property other than military property.

Any person subject to this Code who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the State shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334; A 2017, 135)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.534 - Improper hazarding of vessel.

1. Any person subject to this Code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the Nevada National Guard shall be punished as a court-martial may direct.
2. Any person subject to this Code who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the Nevada National Guard shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.538 - Drunk on duty; sleeping on post; leaving post before relief.

Any person subject to this Code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5385 - Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances.

1. Any person subject to this Code who wrongfully uses, possesses, manufactures, distributes, imports into 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 2 shall be punished as a court-martial may direct.
2. The substances referred to in subsection 1 include, without limitation:
(a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana, and any compound or derivative of any such substance.
(b) Any substance not specified in paragraph (a) that is listed in a schedule of controlled substances prescribed by the President of the United States 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.
(c) Any other substance not referenced pursuant to paragraph (a) or (b) and that is listed in schedules I to V, inclusive, of 21 U.S.C. § 812.
(Added to NRS by 2013, 1104)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.542 - Dueling.

Any person subject to this Code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.544 - Malingering.

Any person subject to this Code who for the purpose of avoiding work duty or service in the Nevada National Guard:
1. Feigns illness, physical disablement, mental lapse or derangement; or
2. Intentionally inflicts self-injury,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5485 - Sexual assault.

1. Any person subject to this Code who engages in or attempts to engage in intentional sexual contact with another person and such sexual contact is characterized by the use of force, threats, intimidation or abuse of authority or occurs when the victim does not or cannot consent is guilty of sexual assault and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
2. Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault.
3. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.
4. As used in this section:
(a) "Consent" means an agreement to sexual contact that is freely given by a competent person. For the purposes of this section:
(1) There is no consent if a person expresses a lack of consent through words or conduct.
(2) The following circumstances do not constitute consent:
(I) A lack of verbal or physical resistance by a person;
(II) The submission of a person to sexual contact as a result of the use of force or threat of the use of force or the placing of the person in fear;
(III) The fact alone that a person is currently or was previously in a dating, social or sexual relationship with the person engaging or attempting to engage in sexual contact in violation of subsection 1; or
(IV) The manner of dress of a person.
(3) A person cannot provide consent:
(I) If the person is sleeping, unconscious or incompetent;
(II) To being subjected to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; or
(III) While under threat or in fear.
(4) All of the surrounding circumstances must be considered in determining whether a person provided consent.
(b) "Sexual contact" means touching or causing another person to touch, with any part of the body or with an object and either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh or buttocks of another person with an intent to abuse, humiliate, harass or degrade any person or to arouse or gratify the sexual desire of any person.
(Added to NRS by 2013, 1105; A 2021, 465)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5486 - Sexual harassment.

Any person subject to this Code who engages in or attempts to engage in influencing, offering to influence or threatening the career, pay or job of another person in exchange for sexual favors or who makes deliberate or repeated offensive comments or gestures of a sexual nature to or in the presence of another person is guilty of sexual harassment and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
(Added to NRS by 2021, 465)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.549 - Stalking.

1. Any person subject to this Code:
(a) Who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including, without limitation, sexual assault, to himself or herself or a member of his or her immediate family;
(b) Who has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death or bodily harm, including, without limitation, sexual assault, to himself or herself or a member of his or her immediate family; and
(c) Whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family,
is guilty of stalking and shall be punished as a court-martial may direct.
2. As used in this section:
(a) "Course of conduct" means a repeated:
(1) Maintenance of visual or physical proximity to a specific person; or
(2) Conveyance of verbal threats, written threats or threats implied by conduct or a combination of such threats, directed at or toward a specific person.
(b) "Immediate family," in the case of a specific person, means a spouse, parent, child or sibling of that person or any other family member, relative or intimate partner of the person who regularly resides in the household of the person or who regularly engages in contact with the person.
(c) "Repeated," with respect to conduct, means two or more occasions of such conduct.
(Added to NRS by 2013, 1105)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5495 - Larceny and wrongful appropriation.

1. Any person subject to this Code who wrongfully takes, obtains or withholds by any means, from the possession of the owner or of any other person, any money, personal property or article of value of any kind:
(a) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of another person other than the owner, is guilty of wrongful appropriation.
2. Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
(Added to NRS by 2013, 1106)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5515 - Assault and aggravated assault.

Any person subject to this Code who:
1. Attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
2. Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault and shall be punished as a court-martial may direct.
(Added to NRS by 2013, 1106)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.552 - Stealing goods of less than $100 value.

Any person subject to this Code who wrongfully and fraudulently takes and carries away the personal goods of another, of the value of less than $100, with intent to steal it, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.554 - Perjury.

Any person subject to this Code who in a judicial proceeding or in a course of justice conducted under this Code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.556 - Fraud 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, the State or any officer thereof; or
(b) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the State or any officer thereof;
2. Who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the State or any officer thereof:
(a) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
3. Who, having charge, possession, custody or control of any money or other property of the United States or the State, furnished or intended for the Armed Forces of the United States or the Nevada National Guard or any force thereof, knowingly delivers to any person having authority to receive it any amount thereof less than that for which he or she 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 the State, furnished or intended for the Armed Forces of the United States or the Nevada National Guard or any force thereof, 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 the State,
shall upon conviction, be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.562 - Disorder and neglect prejudicing good order and discipline; jurisdiction of certain crimes reserved to civil court.

Though not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this Code may be guilty must be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, sexual assault, larceny and wrongful appropriation for value of $100 and over, robbery, mayhem, arson, extortion, assault, burglary or invasion of the home, jurisdiction of which is reserved to civil courts, except as otherwise provided in NRS 412.322.
(Added to NRS by 1967, 1336; A 1977, 1635; 1989, 1454; 1997, 1615; 2013, 1174)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.564 - Court of inquiry.

1. Courts of inquiry to investigate any matter may be convened by the Governor or by any other person designated by the Governor for that purpose, whether or not the persons involved have requested such an inquiry.
2. A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
3. Any person subject to this Code whose conduct is subject to inquiry must be designated as a party. Any person subject to this Code or employed in the office who has a direct interest in the subject of inquiry has the right to be designated as a party upon request of the court. Any person designated as a party must be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.
4. Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
5. The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
6. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
7. Court of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
8. Each court of inquiry shall keep a record of its proceedings, which must be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it must be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it must be signed by a member in lieu of the counsel.
(Added to NRS by 1967, 1336; A 1993, 1613)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.5645 - Administration of oaths.

1. The following persons may administer oaths for the purposes of military administration, including military justice:
(a) Any judge advocate;
(b) Any summary court-martial;
(c) Any adjutant, assistant adjutant, acting adjutant and personnel adjutant;
(d) Any commanding officer of the naval militia; and
(e) Any other person so designated by regulations of the Armed Forces of the United States or by the laws of this State.
2. The following persons may administer oaths necessary in the performance of their duties:
(a) The president, military judge and trial counsel for all general and special courts-martial;
(b) The president and the counsel for the court of any court of inquiry;
(c) Any officer designated to take a deposition;
(d) Any person detailed to conduct an investigation;
(e) Any recruiting officer; and
(f) Any other person so designated by regulations of the Armed Forces of the United States or by the laws of this State.
3. The signature without seal of any person, together with the title of his or her office, is prima facie evidence of the authority of that person.
(Added to NRS by 2013, 1106)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.566 - Explanation of certain sections; availability of Code and regulations.

1. This section and NRS 412.254, 412.2545, 412.256, 412.263, 412.266 to 412.302, inclusive, 412.332, 412.336, 412.362, 412.406, 412.452 to 412.556, inclusive, 412.568 and 412.572 must be carefully explained to every enlisted member:
(a) At the time of his or her enlistment or transfer or induction into any of the state military forces or within 30 days thereafter;
(b) At the time of his or her being ordered to duty in or with any of the state military forces or within 30 days thereafter.
2. The sections set forth in subsection 1 must also be explained annually to each unit of the state military forces.
3. A complete text of this Code and Office regulations thereunder must be made available to any member of the militia, upon his or her request, for his or her personal examination.
(Added to NRS by 1967, 1337; A 1993, 1614; 2013, 1136)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.568 - Complaint against commanding officer.

Any member of the state military forces who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom the complaint is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong complained of and shall, as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.
(Added to NRS by 1967, 1337; A 2013, 1136)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.572 - Redress of injuries to property.

1. Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his or her property has been wrongfully taken by members of the Nevada National Guard, he or she may, subject to Office regulations, convene a board to investigate the complaint. The board must consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him or her must be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection 3, on any disbursing officer for the payment by him or her to the injured parties of the damages so assessed and approved.
2. If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the Nevada National Guard to which such offenders belong.
3. Any person subject to this Code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his or her behalf and to cross-examine those appearing against him or her. He or she has the right to appeal to the next higher commander.
(Added to NRS by 1967, 1337; A 1993, 1614)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.574 - Process and mandates of military courts.

1. In the Nevada National Guard not in federal service, military courts are empowered to issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in such courts. Such process and mandates may be directed to the provost marshal, the sheriff of any county, and the constables and marshals of any town or city. All officers to whom such process or mandates are directed shall execute the same and make return of their acts thereunder according to the requirements of the same.
2. The keepers and wardens of all city, county and city, and county jails shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law.
3. Except as otherwise specially provided in this Code, no fees or charges of any nature shall be demanded or required to be paid by the State, or any military court or member thereof, or by the person executing its mandate or process, or by any public officer for receiving, executing or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder.
(Added to NRS by 1967, 1338)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.576 - Payment and disposition of fine.

1. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court-martial shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or constable of the county, commanding him or her to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed.
2. Such warrant shall be executed and renewed in the same manner as executions from Justice Courts are executed and renewed.
3. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.
4. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member and accounted for by the commanding officer in the same manner as are other state funds.
5. Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the State and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:
(a) By cash or money order;
(b) By retention of any pay or allowances due or to become due to the person fined from any state or the United States; or
(c) By garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine, as provided by law.
(Added to NRS by 1967, 1338; A 2013, 1136)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.578 - Immunity for action of military courts.

1. No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
2. All persons acting under the provisions of this Code, whether as a member of the military or as a civilian, are immune from any personal liability for any of the acts or omissions which they performed or failed to perform as part of their duties under this Code.
(Added to NRS by 1967, 1338; A 2013, 1137)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.583 - Uniformity of construction.

This Code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq.
(Added to NRS by 2013, 1107)