reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-423 - Court-martial; trial counsel; defense counsel; detail.

55-423.
Court-martial; trial counsel; defense counsel; detail.
(1) For each court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(2) Trial counsel or defense counsel detailed for a court-martial:
(a) Must be a judge advocate of the military forces, who is a graduate of an accredited law school and a member of the bar of the Supreme Court of Nebraska, or must be a member of the bar of a federal court or of the highest court of a state; and
(b) Must be certified as competent to perform such duties by the State Judge Advocate.
Source
Laws 1969, c. 458, § 23, p. 1565.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-424 - Court-martial; reports; interpreters; detail.

55-424.
Court-martial; reports; interpreters; detail.
Under such regulations as the Governor may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. Any person appointed to interpret for deaf and hard of hearing persons shall be a licensed interpreter as defined in section 20-151.
Source
Laws 1969, c. 458, § 24, p. 1565;
Laws 2002, LB 22, § 13.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-425 - Court-martial; absent members; new members; disability of military judge; effect.

55-425.
Court-martial; absent members; new members; disability of military judge; effect.
(1) No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
(2) Whenever a court-martial other than a court-martial composed of a military judge only is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
(3) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 55-426, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
Source
Laws 1969, c. 458, § 25, p. 1565.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-426 - Court-martial; pretrial; trial; procedures applicable.

55-426.
Court-martial; pretrial; trial; procedures applicable.
The pretrial and trial procedures before a court-martial shall be in accordance with the procedures set forth in the Uniform Code of Military Justice of the United States, 10 U.S.C. chapter 47, for courts-martial as the same may be from time to time amended and according to regulations prescribed by the President of the United States as contemplated by such code except as to matters which are specifically covered in the Nebraska Code of Military Justice.
Source
Laws 1969, c. 458, § 26, p. 1566;
Laws 1993, LB 170, § 7.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-427 - Statute of limitations.

55-427.
Statute of limitations.
A person charged with any offense is not liable to be tried by court-martial or punished under section 55-416 or 55-481 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction as set forth in the code.
Source
Laws 1969, c. 458, § 27, p. 1566;
Laws 2016, LB754, § 13.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-428 - Witness; failure to appear; procedure.

55-428.
Witness; failure to appear; procedure.
(1) Any person not subject to the code who:
(a) Has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
(b) Has been duly paid or tendered the fees of a witness at the rates allowed to witnesses attending the district courts of the State of Nebraska and mileage at the rate provided in section 81-1176 for state employees; and
(c) 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 a Class II misdemeanor.
(2) The Attorney General of Nebraska, upon the certification of the facts to him or her by the military court, commission, or board shall file an information against and prosecute any person violating this section.
(3) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
Source
Laws 1969, c. 458, § 28, p. 1566;
Laws 1977, LB 39, § 55;
Laws 1981, LB 204, § 97;
Laws 2016, LB754, § 14.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-429 - Cruel and unusual punishment, prohibited.

55-429.
Cruel and unusual punishment, 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.
Source
Laws 1969, c. 458, § 29, p. 1567.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-431 - Sentences; effective date.

55-431.
Sentences; effective date.
(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 or deferred, 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 or deferred shall be excluded in computing the service of the term of confinement.
(3) All other sentences of courts-martial are effective on the date ordered executed.
(4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising court-martial jurisdiction over the command to which the accused is currently assigned.
Source
Laws 1969, c. 458, § 31, p. 1567.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-432 - Confinement; execution.

55-432.
Confinement; execution.
Under such instructions as the Governor may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, 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 as provided in section 55-413. Persons so confined in a penal or correctional institution not under the control of one of the military forces are subject to the same discipline and treatment as persons confined or committed by the courts of the State of Nebraska.
Source
Laws 1969, c. 458, § 32, p. 1568.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-433 - Sentences; reduction in grade.

55-433.
Sentences; reduction in grade.
(1) Unless otherwise provided in regulations to be prescribed by the Governor, 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;
(b) Confinement; or
(c) Hard labor without 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 subdivision (a) of subsection (1) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (1) of this section, the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.
Source
Laws 1969, c. 458, § 33, p. 1568.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-434 - Court-martial; error of law; effect.

55-434.
Court-martial; error of law; effect.
(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Source
Laws 1969, c. 458, § 34, p. 1569.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-435 - Court-martial; record; action on.

55-435.
Court-martial; record; action on.
After a trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising court-martial jurisdiction.
Source
Laws 1969, c. 458, § 35, p. 1569.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-436 - Court-martial; records; reference.

55-436.
Court-martial; records; reference.
The convening authority shall refer the record of each court-martial to his Staff Judge Advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction and shall be forwarded with the record to the State Judge Advocate.
Source
Laws 1969, c. 458, § 36, p. 1569.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-437 - Reconsideration; revision.

55-437.
Reconsideration; revision.
(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Source
Laws 1969, c. 458, § 37, p. 1569.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-438 - Rehearing.

55-438.
Rehearing.
(1) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
(2) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
Source
Laws 1969, c. 458, § 38, p. 1570.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-439 - Approval by the convening authority.

55-439.
Approval by the convening authority.
In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.
Source
Laws 1969, c. 458, § 39, p. 1570.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-440 - Disposition of records after review by the convening authority.

55-440.
Disposition of records after review by the convening authority.
When the convening authority has taken final action in a court-martial case, he shall send the entire record, including his action thereon and the opinion or opinions of the Staff Judge Advocate or legal officer, to the State Judge Advocate.
Source
Laws 1969, c. 458, § 40, p. 1571.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-441 - Court of Military Review; members; qualifications; appointment.

55-441.
Court of Military Review; members; qualifications; appointment.
The Adjutant General, upon the recommendation of the State Judge Advocate, shall appoint a Court of Military Review consisting of three members each to serve for a term of five years. The members shall be either civilians or commissioned officers of the military forces who are admitted to the bar of the Supreme Court of Nebraska, except that any commissioned officer of the military forces who because of his position as a judge advocate could have a conflict in a review of any proceedings may not be appointed.
Source
Laws 1969, c. 458, § 41, p. 1571.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-442 - Court of Military Review; compensation.

55-442.
Court of Military Review; compensation.
Members of the Court of Military Review shall be paid the sum of fifty dollars per day when sitting and in addition shall be reimbursed for all expenses incurred as provided in sections 81-1174 to 81-1177 for state employees.
Source
Laws 1969, c. 458, § 42, p. 1571;
Laws 1981, LB 204, § 98.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-443 - Court of Military Review; powers.

55-443.
Court of Military Review; powers.
(1) The State Judge Advocate shall refer to the Court of Military Review the complete record of every case of trial by general or special court-martial within thirty days after receiving the record. The referral of the record in summary courts-martial shall be according to the manual for courts-martial adopted pursuant to section 55-426.
(2) In a case referred to it, the Court of Military Review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
(3) If the Court of Military Review sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(4) The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the Court of Military Review. If the Court of Military Review has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.
(5) The State Judge Advocate shall prescribe uniform rules of procedure for the Court of Military Review.
(6) No judge of a Court of Military Review shall be eligible to review the record of any trial if such judge (a) served as investigating officer in the case, (b) served as a member of the court-martial before which such trial was conducted, or (c) served as military judge, trial or defense counsel, or reviewing officer of such trial.
Source
Laws 1969, c. 458, § 43, p. 1571;
Laws 1993, LB 170, § 8.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-444 - Counsel for appellant; appointment.

55-444.
Counsel for appellant; appointment.
In every case coming before the Court of Military Review, the Court of Appeals, or the Nebraska Supreme Court under the Nebraska Code of Military Justice, the State Judge Advocate shall appoint counsel to represent the accused and such counsel shall be qualified under section 55-423, except that the accused shall have the right to be represented before the Court of Military Review by civilian counsel if provided by the accused.
Source
Laws 1969, c. 458, § 44, p. 1572;
Laws 1992, LB 360, § 29.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-445 - Review of cases; procedure.

55-445.
Review of cases; procedure.
(1) The accused in cases reviewed by the Court of Military Review shall have thirty days from the time when he or she is notified of the decision of the Court of Military Review to petition the Court of Appeals for a review. Upon petition of the accused and for good cause shown, the appellate court may grant a review of the record. The appellate court shall act upon such petition within ninety days from receipt thereof.
(2) Upon filing the petition in the appellate court, the accused shall on the same date file a notice of his or her intention to appeal with the Court of Military Review, and the Court of Military Review shall within fifteen days forward the complete transcript of the case to the appellate court.
(3) In any case reviewed by it, the appellate court may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case reviewed upon the petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The appellate court shall take action only with respect to matters of law.
(4) If the appellate court sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(5) After it has acted on a case, the appellate court may direct the State Judge Advocate to return the record to the Court of Military Review for further review in accordance with the decision of the appellate court. Otherwise, unless there is to be further action by the Governor, the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the appellate court has ordered a rehearing but the convening authority finds a rehearing impracticable, the State Judge Advocate may dismiss the charges.
Source
Laws 1969, c. 458, § 45, p. 1572;
Laws 1991, LB 732, § 119;
Laws 1992, LB 360, § 30.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-446 - Sentence; execution.

55-446.
Sentence; execution.
No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him.
Source
Laws 1969, c. 458, § 46, p. 1573.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-447 - Petition for new trial.

55-447.
Petition for new trial.
At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition to the court-martial which last heard the case which shall review the petition and the record and report to the convening authority its recommendation for grant or denial of new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 55-438. Upon filing of the petition for new trial, any proceedings pending upon appeal or review of sentence shall be dismissed.
Source
Laws 1969, c. 458, § 47, p. 1573.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-448 - Principal, defined.

55-448.
Principal, defined.
Any person punishable under this code who:
(1) Commits an offense punishable by the provisions of 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 would be punishable by this code, is a principal.
Source
Laws 1969, c. 458, § 48, p. 1574.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-449 - Restoration of rights, privileges, property.

55-449.
Restoration of rights, privileges, property.
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, shall 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.
Source
Laws 1969, c. 458, § 49, p. 1574.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-450 - Accessory after the fact, defined.

55-450.
Accessory after the fact, defined.
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 apprehension, trial, or punishment shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 50, p. 1574.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-451 - Conviction of lesser offense; when.

55-451.
Conviction of lesser offense; when.
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
Source
Laws 1969, c. 458, § 51, p. 1574.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-452 - Attempt to commit an offense.

55-452.
Attempt to commit an offense.
(1) An act done with specific intent to commit an offense under the 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 the code who attempts to commit any offense punishable by the code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(3) Any person subject to the code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Source
Laws 1969, c. 458, § 52, p. 1574;
Laws 2016, LB754, § 15.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-453 - Conspiracy.

55-453.
Conspiracy.
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 53, p. 1574.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-454 - Solicitation for violation of code.

55-454.
Solicitation for violation of code.
Any person subject to this code who solicits or advises another or others to desert in violation of section 55-457 or mutiny in violation of section 55-466 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 shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 54, p. 1575.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-455 - Fraudulent enlistment, appointment, or separation.

55-455.
Fraudulent enlistment, appointment, or separation.
Any person who:
(1) Procures his own enlistment or appointment in the military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) Procures his own separation from the military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 55, p. 1575.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-456 - Unlawful enlistment, appointment, or separation.

55-456.
Unlawful enlistment, appointment, or separation.
Any person subject to this code who effects an enlistment or appointment in or a separation from the military forces of any person who is known to him 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.
Source
Laws 1969, c. 458, § 56, p. 1575.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-457 - Desertion.

55-457.
Desertion.
(1) Any member of the military forces who:
(a) Without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; or
(b) Quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service, is guilty of desertion.
(2) Any commissioned officer of the military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 57, p. 1575.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-458 - Absence without leave.

55-458.
Absence without leave.
Any member of the military forces who, without authority:
(1) Fails to go to his appointed place of duty at the time prescribed;
(2) Goes from that place; or
(3) Absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 58, p. 1576.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-459 - Missing movement.

55-459.
Missing movement.
Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 59, p. 1576.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-460 - Contempt toward officials.

55-460.
Contempt toward officials.
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of the Treasury of the United States, or the Governor or Legislature of any state, territory, commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 60, p. 1576.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-461 - Disrespect toward superior commissioned officer.

55-461.
Disrespect toward superior commissioned officer.
Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 61, p. 1576.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-462 - Superior commissioned officer; assaulting; willfully disobeying.

55-462.
Superior commissioned officer; assaulting; willfully disobeying.
Any person subject to this code who:
(1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or
(2) Willfully disobeys a lawful command of his superior commissioned officer, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 62, p. 1576.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-463 - Warrant officer, noncommissioned officer; insubordination.

55-463.
Warrant officer, noncommissioned officer; insubordination.
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 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 office, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 63, p. 1577.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-464 - Failure to obey order or resolution.

55-464.
Failure to obey order or resolution.
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 military forces, which it is his duty to obey, fails to obey the order; or
(3) Is derelict in the performance of his duties, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 64, p. 1577.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-465 - Cruelty; maltreatment.

55-465.
Cruelty; maltreatment.
Any person subject to this code who is guilty of cruelty toward or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 65, p. 1577.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-466 - Mutiny; sedition.

55-466.
Mutiny; 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 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; or
(c) Fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(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.
Source
Laws 1969, c. 458, § 66, p. 1577.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-467 - Resistance; breach of arrest; escape.

55-467.
Resistance; breach of arrest; escape.
Any person subject to this code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 67, p. 1578.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-468 - Seizure of abandoned property.

55-468.
Seizure of abandoned property.
(1) All persons subject to this code shall give notice and turn over to the proper authority without delay all 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) of this section; or
(b) Engages in looting or pillaging, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 68, p. 1578.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-469 - Military property of United States; loss, damage, destruction, or wrongful disposition.

55-469.
Military property of United States; loss, damage, destruction, or wrongful disposition.
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 the State of Nebraska shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 69, p. 1578.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-470 - Drunk or reckless driving.

55-470.
Drunk or reckless driving.
Any person subject to this code who operates any vehicle while under the influence of alcoholic liquor or any drug, or in a reckless or wanton manner, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 70, p. 1578.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-471 - Alcoholic liquor; drugs; consumption on duty.

55-471.
Alcoholic liquor; drugs; consumption on duty.
Any person subject to this code who is found under the influence of alcoholic liquor or any drug while on duty, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 71, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-472 - Misbehavior of sentinel.

55-472.
Misbehavior of sentinel.
Any sentinel or lookout who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 72, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-473 - Malingering.

55-473.
Malingering.
Any person subject to this code who for the purpose of avoiding work, duty or service:
(1) Feigns illness, physical disablement, mental lapse or derangement; or
(2) Intentionally inflicts self-injury, shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 73, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-475 - Provoking speeches or gestures.

55-475.
Provoking speeches or gestures.
Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 75, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-476 - Perjury.

55-476.
Perjury.
Any person subject to this code who in a judicial proceeding or in a court of justice 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.
Source
Laws 1969, c. 458, § 76, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-477 - Conduct unbecoming an officer and a gentleman.

55-477.
Conduct unbecoming an officer and a gentleman.
Any commissioned officer or cadet, who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 77, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-478 - Obtaining property unlawfully.

55-478.
Obtaining property unlawfully.
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 with intent permanently or temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of larceny. Any person found guilty of larceny shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 78, p. 1579.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-479 - Forgery.

55-479.
Forgery.
Any person subject to this code who, with intent to defraud:
(1) Falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or
(2) Utters, offers, issues, or transfers such a writing, known by him to be so made or altered, is guilty of forgery and shall be punished as a court-martial may direct.
Source
Laws 1969, c. 458, § 79, p. 1580.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-480 - Disorders and prejudice of good order and discipline.

55-480.
Disorders and prejudice of good order and discipline.
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces and crimes and offenses not capital, of which persons subject to this code may be guilty, shall be taken cognizance of by a court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
Source
Laws 1969, c. 458, § 80, p. 1580;
Laws 2015, LB268, § 31;
Referendum 2016, No. 426.
Note:
The changes made to section 55-480 by Laws 2015, LB 268, section 31, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-502 - Terms, defined.

55-502.
Terms, defined.
For purposes of the Family Military Leave Act:
(1) Employee means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. Employee does include an independent contractor. Employee includes an employee of a covered employer who has been employed by the same employer for at least twelve months and has been employed for at least one thousand two hundred fifty hours of service during the twelve-month period immediately preceding the commencement of the leave;
(2) Employee benefits means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer;
(3) Employer means (a) any individual, legal representative, partnership, limited liability company, corporation, association, business trust, or other business entity and (b) the State of Nebraska and political subdivisions; and
(4) Family military leave means leave requested by an employee who is the spouse or parent of a person called to military service lasting one hundred seventy-nine days or longer with the state or United States pursuant to the orders of the Governor or the President of the United States.
Source
Laws 2007, LB497, § 2.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-503 - Family military leave authorized; conditions.

55-503.
Family military leave authorized; conditions.
(1) Any employer that employs between fifteen and fifty employees shall provide up to fifteen days of unpaid family military leave to an employee during the time federal or state deployment orders are in effect, subject to the conditions set forth in this section.
(2) An employer that employs more than fifty employees shall provide up to thirty days of unpaid family military leave to an employee during the time federal or state deployment orders are in effect, subject to the conditions set forth in this section.
(3) The employee shall give at least fourteen days' notice of the intended date upon which the family military leave will commence if leave will consist of five or more consecutive work days. Where able, the employee shall consult with the employer to schedule the leave so as to not unduly disrupt the operations of the employer. Employees taking family military leave for less than five consecutive days shall give the employer advanced notice as is practicable. The employer may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested.
Source
Laws 2007, LB497, § 3.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-504 - Employee exercising right to family military leave; rights; continuation of benefits.

55-504.
Employee exercising right to family military leave; rights; continuation of benefits.
(1) Any employee who exercises the right to family military leave under the Family Military Leave Act, upon expiration of the leave, shall be entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. This section does not apply if the employer proves that the employee was not restored because of conditions unrelated to the employee's exercise of rights under the act.
(2) During any family military leave taken under the act, the employer shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.
Source
Laws 2007, LB497, § 4.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-505 - Loss of certain employee benefits prohibited; act; how construed.

55-505.
Loss of certain employee benefits prohibited; act; how construed.
(1) Taking family military leave under the Family Military Leave Act shall not result in the loss of any employee benefit accrued before the date on which the leave commenced.
(2) Nothing in the act shall be construed to affect an employer's obligation to comply with any collective-bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under the act.
(3) The family military leave rights provided under the act shall not be diminished by any collective-bargaining agreement or employee benefit plan.
(4) Nothing in the act shall be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered under the act.
Source
Laws 2007, LB497, § 5.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-506 - Employer; actions prohibited.

55-506.
Employer; actions prohibited.
(1) An employer shall not interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under the Family Military Leave Act.
(2) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who exercises any right provided under the act.
(3) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for opposing any practice made unlawful by the act.
Source
Laws 2007, LB497, § 6.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-507 - Civil action authorized; remedies authorized.

55-507.
Civil action authorized; remedies authorized.
A civil action may be brought in the district court having jurisdiction by an employee to enforce the Family Military Leave Act. The district court may enjoin any act or practice that violates or may violate the Family Military Leave Act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the act.
Source
Laws 2007, LB497, § 7.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-601 - Commission on Military and Veteran Affairs; created; members; terms; vacancy.

55-601.
Commission on Military and Veteran Affairs; created; members; terms; vacancy.
(1) The Commission on Military and Veteran Affairs is created. The commission shall consist of the following voting members:
(a) The Director of Economic Development;
(b) The Adjutant General or his or her designee;
(c) The Director of Veterans’ Affairs; and
(d) Three residents of the State of Nebraska, one from each congressional district. At least one of the three residents shall have current or prior military experience and at least one shall have a background in business.
(2) The commission shall have the following nonvoting, ex officio members:
(a) The veterans' program coordinator of the Department of Labor;
(b) The chair of the State Committee of Employer Support of the Guard and Reserve;
(c) The commander of the 55th Wing of the Air Combat Command or his or her designee;
(d) The commander of the United States Strategic Command or his or her designee; and
(e) The commander of the 557th Weather Wing of the United States Air Force or his or her designee.
(3) The members of the commission described in subdivision (1)(d) of this section shall be appointed by the Governor. The Governor shall designate the initial terms of the members described in subdivision (1)(d) of this section so that one member serves for a term of two years, one member serves for a term of three years, and one member serves for a term of four years. Succeeding appointments shall be for terms of four years and shall be made in the same manner as the original appointments. The terms of the members shall begin on October 1 of the year in which they are appointed unless appointed to fill a vacancy. Appointments to fill a vacancy, occurring other than by the expiration of a term of office, shall be made for the unexpired term of the member whose office is vacated.
Source
Laws 2016, LB754, § 1;
Laws 2019, LB138, § 2.