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2020 Nevada Revised Statutes
Chapter 412 - State Militia
GENERAL PROVISIONS
General Provisions
- NRS 412.012 - Definitions.
- NRS 412.014 - "Office" defined.
- NRS 412.016 - "Office regulations" defined.
- NRS 412.018 - "Officer" defined.
- NRS 412.022 - "Reservists" defined.
- NRS 412.024 - "Volunteers" defined.
- NRS 412.026 - Composition of militia.
- NRS 412.032 - Powers and duties of officers; administration of oaths.
- NRS 412.034 - Governor as Commander in Chief; regulations.
- NRS 412.036 - Applicability of custom and usage of United States Army and United States Air Force.
- NRS 412.038 - Service of Nevada National Guard outside State.
- NRS 412.042 - Military staff of Governor.
- NRS 412.044 - Adjutant General: Appointment; term; qualifications; grade.
- NRS 412.046 - Adjutant General: Restriction on holding other office of profit.
- NRS 412.048 - Adjutant General: Duties; employees.
- NRS 412.052 - Adjutant General: Additional duties; seal.
- NRS 412.054 - Assistant Adjutants General.
- NRS 412.056 - Acting Adjutant General.
- NRS 412.058 - United States Property and Fiscal Officer.
- NRS 412.062 - Attorney General as military legal adviser.
- NRS 412.064 - Establishment; duties; regulations; powers.
- NRS 412.066 - Enumeration of powers and duties not exclusive.
- NRS 412.068 - Adjutant General as Director of Office.
- NRS 412.072 - Organization and reorganization of Office.
- NRS 412.074 - Army and air technicians.
- NRS 412.076 - Status of members of militia and employees on active duty.
- NRS 412.082 - Drawing warrants.
- NRS 412.084 - Receipt and disposition of certain federal money.
- NRS 412.086 - Deposits in State General Fund and Permanent School Fund.
- NRS 412.088 - Promotion of practice with rifle and pistol.
- NRS 412.092 - "Armory" defined.
- NRS 412.094 - Control of armory and property; regulations for armories.
- NRS 412.096 - Insurance against loss and mysterious disappearance of equipment and supplies.
- NRS 412.098 - Armory and arsenal: Duties of State Public Works Division of Department of Administration.
- NRS 412.102 - Armory: Provision; maintenance; incidental expenses.
- NRS 412.103 - Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law.
- NRS 412.104 - Reconveyance of land to political subdivision.
- NRS 412.106 - Use of armory.
- NRS 412.108 - Lease or agreement for use of armory; deposit of use fees in Adjutant General’s Special Armory Account.
- NRS 412.109 - Lease or agreement for use of facility of Office other than armory; deposit of use fees in State General Fund.
- NRS 412.112 - Army National Guard.
- NRS 412.114 - Air National Guard.
- NRS 412.116 - Organization and training; policy of equality of treatment and opportunity.
- NRS 412.117 - Privacy of members of opposite sexes.
- NRS 412.118 - Assemblies, periodic training and other duties.
- NRS 412.122 - Governor may order National Guard into active service of State and declare martial law; procedure in absence of Governor from State or because of impossibility of immediate communication with Governor.
- NRS 412.123 - Order calling National Guard into active service: Directed to commanding officer; contents; duty to communicate immediately.
- NRS 412.124 - Adjutant General may order National Guard to active duty with Governor’s approval; pay and allowances.
- NRS 412.126 - Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members.
- NRS 412.128 - Ordering reservists of National Guard or volunteer military organization into active service; regulations.
- NRS 412.134 - Reservists and volunteers on active duty: Period; applicability of laws and regulations; pay and allowances; authority of Governor to receive certain grants from Federal Government; uniforms.
- NRS 412.136 - Deserters.
- NRS 412.138 - Pay and allowances when National Guard used as labor force.
- NRS 412.139 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Participation in training, active service or duty, or other required meetings; penalty.
- NRS 412.1393 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Hearing before Labor Commissioner; civil action authorized.
- NRS 412.1395 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Reemployment; restoration of seniority and benefits; receipt of wages and benefits; attorney’s fees and costs for civil action.
- NRS 412.142 - Industrial insurance; compensation; exceptions.
- NRS 412.143 - Postsecondary educational benefits.
- NRS 412.1435 - Patriot Relief Account: Creation; nonreversion; interest and income; claims; gifts, grants and donations; uses; regulations.
- NRS 412.144 - Credit for active federal service.
- NRS 412.146 - Eligibility to state office of federally paid members of militia.
- NRS 412.152 - Privileged reports and communications; defending member in legal proceedings.
- NRS 412.153 - Personal information in documents submitted to county recorder: Confidentiality.
- NRS 412.154 - Immunity from civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice.
- NRS 412.156 - Appointment and promotion of commissioned officer; honorary commission; fee prohibited for commissions.
- NRS 412.158 - Applicability of chapter to warrant officers.
- NRS 412.162 - Nevada Military Academy: Creation; composition.
- NRS 412.164 - Qualifications.
- NRS 412.166 - Oath.
- NRS 412.168 - Assignment, reassignment, transfer or detailing; residence.
- NRS 412.172 - Resignation; conditional release.
- NRS 412.174 - Certain absence without leave considered resignation.
- NRS 412.176 - Efficiency and medical examining boards; appointment.
- NRS 412.178 - Efficiency and medical examining boards: Procedure; powers.
- NRS 412.182 - Responsibility for public property.
- NRS 412.186 - Nevada National Guard Association.
- NRS 412.188 - Enlistment, period of service, oath, transfer and discharge; extension of enlistment.
- NRS 412.192 - Noncommissioned officers.
- NRS 412.194 - Absence without leave: Discharge.
- NRS 412.1945 - Nevada Enlisted Association of the National Guard of the United States.
General Provisions
- NRS 412.196 - Short title.
- NRS 412.198 - Definitions.
- NRS 412.202 - "Accuser" defined.
- NRS 412.204 - "Active state duty" defined.
- NRS 412.206 - "Apprehension" defined.
- NRS 412.208 - "Arrest" defined.
- NRS 412.212 - "Code" defined.
- NRS 412.214 - "Commanding officer" defined.
- NRS 412.216 - "Commissioned officer" defined.
- NRS 412.218 - "Confinement" defined.
- NRS 412.222 - "Convening authority" defined.
- NRS 412.224 - "Enlisted member" defined.
- NRS 412.226 - "Grade" defined.
- NRS 412.232 - "Legal officer" defined.
- NRS 412.234 - "May" defined.
- NRS 412.236 - "Military" defined.
- NRS 412.238 - "Military court" defined.
- NRS 412.239 - "Military judge" defined.
- NRS 412.242 - "Nevada National Guard" defined.
- NRS 412.243 - "Nonjudicial punishment" defined.
- NRS 412.2435 - "Principal assistant" defined.
- NRS 412.244 - "Rank" defined.
- NRS 412.2455 - "Senior force judge advocate" defined.
- NRS 412.246 - "Shall" defined.
- NRS 412.247 - "Staff judge advocate" defined.
- NRS 412.248 - "State Judge Advocate" defined.
- NRS 412.249 - "State military forces" defined.
- NRS 412.252 - "Superior commissioned officer" defined.
- NRS 412.253 - Principal assistant: Conditions for assumption of command; qualifications; delegation of authority.
- NRS 412.254 - Applicability.
- NRS 412.2545 - Persons subject to jurisdiction under Code.
- NRS 412.256 - Jurisdiction over certain offenses and to try certain personnel.
- NRS 412.258 - Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment.
- NRS 412.262 - Territorial applicability of Nevada Code of Military Justice.
- NRS 412.263 - Failure to comply with procedural provision of Code does not invalidate punishment imposed unless substantial right of servicemen or servicewomen materially prejudiced by error.
- NRS 412.264 - Judge advocates and legal officers.
- NRS 412.2645 - Person may not be tried or punished while incompetent.
- NRS 412.266 - Apprehension by authorized persons; quelling disorder.
- NRS 412.267 - Arrest of member failing or refusing to report to place of duty; transport; bail.
- NRS 412.2675 - Warrant of arrest: Form; fees and mileage for service.
- NRS 412.268 - Apprehension of deserter.
- NRS 412.272 - Order of apprehension, arrest or confinement.
- NRS 412.274 - Restraint of person charged with offense; notice of charges; summary disposition.
- NRS 412.276 - Place of confinement.
- NRS 412.277 - Limitations on confinement.
- NRS 412.278 - Receipt of prisoner; report.
- NRS 412.282 - Certain punishments prohibited while held for trial or result of trial; performance of labor pending trial or result of trial.
- NRS 412.284 - Delivery of offender to civil authority; return to military authority.
- NRS 412.286 - Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers.
- NRS 412.287 - Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment.
- NRS 412.2875 - Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding.
- NRS 412.2877 - Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.
- NRS 412.2879 - No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment.
- NRS 412.288 - Imposition and enforcement of disciplinary punishment without court-martial.
- NRS 412.293 - Use of formal proceeding by commanding officer after consultation; notice to accused; accused entitled to consult with counsel; commanding officer not bound by formal rules of evidence.
- NRS 412.2935 - Announcement of results of punishment.
- NRS 412.294 - Suspension, remission or mitigation of punishment.
- NRS 412.296 - Appeal to superior authority.
- NRS 412.298 - Disciplinary punishment not bar to court-martial.
- NRS 412.302 - Records of nonjudicial punishment.
- NRS 412.304 - Courts-martial of Nevada National Guard not in federal service; composition.
- NRS 412.306 - Jurisdiction of courts-martial of each force.
- NRS 412.307 - Jurisdiction of courts-martial of each component and branch of state military forces.
- NRS 412.308 - General court-martial.
- NRS 412.312 - Special court-martial.
- NRS 412.314 - Summary court-martial.
- NRS 412.316 - Sentence of dismissal or dishonorable discharge must be approved by Governor.
- NRS 412.318 - When complete record of proceedings and testimony required.
- NRS 412.322 - Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.
- NRS 412.324 - Convening general court-martial.
- NRS 412.326 - Convening special court-martial.
- NRS 412.328 - Convening summary court-martial.
- NRS 412.332 - ligibility to serve on courts-martial; excusal of member; president of special court-martial.
- NRS 412.334 - Military judge of general or special court-martial.
- NRS 412.3345 - Military judge: Qualifications.
- NRS 412.336 - Trial counsel and defense counsel.
- NRS 412.338 - Court reporter and interpreter.
- NRS 412.342 - Absence or excusal of member of court-martial; detailing of additional members or judge; effect of new members or judge on trial.
- NRS 412.344 - Charges and specifications.
- NRS 412.346 - Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights.
- NRS 412.348 - Investigation: Procedure; rights of accused; uncharged offenses.
- NRS 412.352 - Forwarding of charges to Governor.
- NRS 412.354 - Advice of State Judge Advocate; reference for trial; formal correction of charges.
- NRS 412.356 - Service of charges.
- NRS 412.358 - Procedural regulations.
- NRS 412.362 - Unlawfully influencing action of court.
- NRS 412.364 - Duties of trial counsel and defense counsel.
- NRS 412.366 - Presence of members and parties at proceedings.
- NRS 412.368 - Continuance.
- NRS 412.372 - Challenges of military judge and members.
- NRS 412.374 - Oaths and affirmations.
- NRS 412.376 - Statute of limitations; computation and suspension of period of limitation.
- NRS 412.378 - Double jeopardy.
- NRS 412.382 - Pleas of accused; effect of plea of guilty.
- NRS 412.384 - Obtaining witnesses and evidence: Procedure; service of process.
- NRS 412.386 - Penalty for refusal of person not subject to Code to appear or testify.
- NRS 412.388 - Contempt; penalty.
- NRS 412.392 - Deposition.
- NRS 412.394 - Admissibility of records of courts of inquiry.
- NRS 412.3945 - Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.
- NRS 412.396 - Voting; rulings; instructions; findings.
- NRS 412.398 - Number of votes required.
- NRS 412.402 - Court to announce action.
- NRS 412.404 - Record of trial.
- NRS 412.406 - Cruel and unusual punishments prohibited.
- NRS 412.408 - Punishments limited.
- NRS 412.412 - Effective date of sentence.
- NRS 412.414 - Execution of confinement.
- NRS 412.4145 - Deferment of service of sentence of confinement.
- NRS 412.4155 - Forfeiture of pay and allowances during period of confinement or parole; waiver.
- NRS 412.4157 - Person sentenced by court-martial may be required to take leave under certain circumstances.
- NRS 412.416 - Reduction in enlisted grade upon approval.
- NRS 412.418 - Approval and execution or suspension of sentence.
- NRS 412.422 - Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initial review by convening authority; review of record and opinion by State Judge Advocate.
- NRS 412.423 - Withdrawal by accused of appeal or right to appeal.
- NRS 412.424 - Reconsideration and revision of court’s ruling; limitations.
- NRS 412.426 - Rehearing or dismissal of charges upon disapproval of findings and sentence.
- NRS 412.428 - Approval by convening authority.
- NRS 412.431 - Review required by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of certain cases sent for action to Adjutant General; authority of senior force judge advocate to send record of certain cases to Governor for review and action; review authorized by senior force judge advocate upon finding of not guilty and submission of such reviewed cases to Adjutant General for action required.
- NRS 412.432 - Review of records; disposition.
- NRS 412.433 - Representation of government and accused upon appeal.
- NRS 412.434 - Error of law; lesser included offense.
- NRS 412.436 - Counsel for accused at review.
- NRS 412.437 - Procedure applicable to appeal from decision of court-martial.
- NRS 412.4375 - Appeals by State.
- NRS 412.438 - Vacation of suspension of sentence.
- NRS 412.442 - Petition for new trial.
- NRS 412.444 - Remission and suspension of sentence; substitution of administrative discharge.
- NRS 412.446 - Restoration of rights; substitution of discharge; reappointment.
- NRS 412.448 - Finality of proceedings, findings and sentence.
- NRS 412.4485 - Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.
- NRS 412.449 - Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness.
- NRS 412.4495 - Rights of person whose mental condition is subject of hearing.
- NRS 412.452 - Trial or punishment for offense committed while subject to jurisdiction under the Code.
- NRS 412.454 - Principal.
- NRS 412.456 - Accessory after fact.
- NRS 412.458 - Conviction of lesser included offense.
- NRS 412.462 - Attempt.
- NRS 412.464 - Conspiracy.
- NRS 412.466 - Solicitation.
- NRS 412.468 - Fraudulent enlistment, appointment or separation.
- NRS 412.472 - Unlawful enlistment, appointment or separation.
- NRS 412.474 - Desertion.
- NRS 412.476 - Absence without leave.
- NRS 412.478 - Failure to make required move.
- NRS 412.482 - Contempt toward public officer.
- NRS 412.484 - Disrespect toward superior commissioned officer.
- NRS 412.486 - Assaulting or willfully disobeying superior commissioned officer.
- NRS 412.488 - Insubordinate conduct toward warrant officer or noncommissioned officer.
- NRS 412.492 - Failure to obey order or regulation.
- NRS 412.494 - Cruelty and maltreatment.
- NRS 412.496 - Mutiny or sedition.
- NRS 412.498 - Resisting arrest; escape.
- NRS 412.502 - Releasing prisoner without proper authority.
- NRS 412.504 - Unlawful detention.
- NRS 412.506 - Noncompliance with procedural rules.
- NRS 412.508 - Misbehavior before enemy.
- NRS 412.512 - Subordinate compelling surrender.
- NRS 412.514 - Improper use of countersign.
- NRS 412.516 - Forcing safeguard.
- NRS 412.518 - Improper use of captured or abandoned property.
- NRS 412.522 - Aiding enemy.
- NRS 412.524 - Misconduct as prisoner.
- NRS 412.5245 - Spying.
- NRS 412.5255 - Communication, delivery or transmittal of object or information to foreign government or entity.
- NRS 412.526 - Making false official statement.
- NRS 412.528 - Loss, damage, destruction or wrongful disposition of military property.
- NRS 412.532 - Waste, spoilage or destruction of property other than military property.
- NRS 412.534 - Improper hazarding of vessel.
- NRS 412.536 - Drunken or reckless driving.
- NRS 412.538 - Drunk on duty; sleeping on post; leaving post before relief.
- NRS 412.5385 - Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances.
- NRS 412.542 - Dueling.
- NRS 412.544 - Malingering.
- NRS 412.546 - Riot or breach of peace.
- NRS 412.548 - Provoking words or gestures.
- NRS 412.5485 - Sexual assault and sexual misconduct.
- NRS 412.549 - Stalking.
- NRS 412.5495 - Larceny and wrongful appropriation.
- NRS 412.5505 - Extortion.
- NRS 412.5515 - Assault and aggravated assault.
- NRS 412.552 - Stealing goods of less than $100 value.
- NRS 412.554 - Perjury.
- NRS 412.556 - Fraud against the government.
- NRS 412.558 - Conduct unbecoming an officer.
- NRS 412.562 - Disorder and neglect prejudicing good order and discipline; jurisdiction of certain crimes reserved to civil court.
- NRS 412.564 - Court of inquiry.
- NRS 412.5645 - Administration of oaths.
- NRS 412.566 - Explanation of certain sections; availability of Code and regulations.
- NRS 412.568 - Complaint against commanding officer.
- NRS 412.572 - Redress of injuries to property.
- NRS 412.574 - Process and mandates of military courts.
- NRS 412.576 - Payment and disposition of fine.
- NRS 412.578 - Immunity for action of military courts.
- NRS 412.582 - Presumption of jurisdiction.
- NRS 412.583 - Uniformity of construction.
- NRS 412.5835 - Severability.
- NRS 412.584 - Delegation of authority by Governor; exceptions.
- NRS 412.588 - Repossession of military property by State; penalty for failure to deliver or resistance to repossession.
- NRS 412.592 - Unlawful transfer of military property.
- NRS 412.594 - Unlawful wearing of uniform or insigne.
- NRS 412.596 - Wearing of uniform without authority; penalty.
- NRS 412.598 - Arrest of trespasser or disturber; penalty for certain sales and gambling.
- NRS 412.602 - Right-of-way on public street and highway; penalty for interference.
- NRS 412.604 - Unlawful drill or parade with arms by voluntary company or voluntary organization without license; drill or parade by students with consent of Governor; penalty.
- NRS 412.606 - Discrimination against member of National Guard; penalty.
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