Chapter 55, MILITIA

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 s…

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.

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.

(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…

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.

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 commi…

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 separat…

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 p…

(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 …

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 t…

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.

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, …

Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

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…

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 conte…

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 pe…

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.

(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 ove…

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.

(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 th…

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 milita…

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.

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.

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.

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.

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

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.

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…

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.

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 pe…

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, o…

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 cod…

(1) Any commanding officer, with regard to enlisted members, and any general officer, with regard to officers, may issue summarized administrative discipline for minor offenses. A minor offense shall be any offense which, under the Uniform Code of Military Justice of the United S…

Sections 55-501 to 55-507 shall be known and may be cited as the Family Military Leave Act.

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 inc…

(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…

(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 sen…

(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 collecti…

(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 em…

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 t…

(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 or his or her designee; (b) The Adjutant General or his or her designee; (c) The Director of Veterans' Affairs or …

The Commission on Military and Veteran Affairs shall have the authority to receive and administer funds from state, federal, and other sources. Additionally, the commission shall: (1) Address matters of military significance to Nebraska; (2) Maintain a cooperative and constructiv…

The Commission on Military and Veteran Affairs shall elect a chairperson, vice-chairperson, and secretary from among its members. The commission shall meet two times each year at such times and places as shall be determined by the chairperson and shall keep a record of its procee…

Members of the Commission on Military and Veteran Affairs shall receive no compensation for their services as members of the commission other than their salary, but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.

(1) The Department of Veterans' Affairs shall hire a military affairs liaison for the Commission on Military and Veteran Affairs and fix his or her salary. The department shall provide administrative support to the commission as needed. The liaison shall have military experience …

The Commission on Military and Veteran Affairs shall prepare a report at the request of the Governor or upon the commission's own determination summarizing the military assets of Nebraska, including installations and missions, and the economic impact of the military assets in Neb…

For purposes of sections 55-701 to 55-704: (1) Military service means: (a) In the case of a servicemember who is a member or reserve member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, full-time duty in the active military service of the United States, including: (…

(1) In addition to the rights and protections regarding consumer transactions, contracts, and service providers included under the federal Servicemembers Civil Relief Act, a servicemember may terminate a contract described in subsection (2) of this section at any time after the d…

(1) A civil action may be brought in any court with jurisdiction by the Attorney General against any person that knowingly or intentionally violates any provision of section 55-702. The court may: (a) Issue an injunction; (b) Order the person to make a payment of money unlawfully…

The Nebraska National Guard shall provide to its members a list of their rights under sections 55-702 and 55-703 and under the federal Servicemembers Civil Relief Act.