Title 36

NRS 412.436 Counsel for accused at review. 1. Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or lega…

NRS 412.437 Procedure applicable to appeal from decision of court-martial. Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the court provided by the law of the state in which the court-martial was held. Appeals are t…

NRS 412.4375 Appeals by State. 1. In a trial by court-martial in which a punitive discharge may be adjudged, the State may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial, provided …

NRS 412.438 Vacation of suspension of sentence. 1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over th…

NRS 412.442 Petition for new trial. At any time within 2 years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discove…

NRS 412.444 Remission and suspension of sentence; substitution of administrative discharge. 1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. 2. The Governor may, for good cause, substit…

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 discharg…

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 …

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…

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 responsibili…

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 …

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 thi…

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, Ê i…

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 …

NRS 412.458 Conviction of lesser included offense. 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. (Added to NRS by 1967, 1330)

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 t…

NRS 412.464 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. (Added to NRS …

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 punishm…

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 appoi…

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 sep…

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 …

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 o…

NRS 412.478 Failure to make required move. Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct. (Added to NRS b…

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…

NRS 412.484 Disrespect toward superior commissioned officer. Any person subject to this Code who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct. (Added to NRS by 1967, 1332)

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 …

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 …

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…

NRS 412.494 Cruelty and maltreatment. Any person subject to this Code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct. (Added to NRS by 1967, 1332)

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 mut…

NRS 412.498 Resisting arrest; escape. Any person subject to this Code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct. (Added to NRS by 1967, 1333)

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…

NRS 412.504 Unlawful detention. Any person subject to this Code who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct. (Added to NRS by 1967, 1333)

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 pr…

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 disobe…

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 color…

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 cou…

NRS 412.516 Forcing safeguard. Any person subject to this Code who forces a safeguard shall be punished as a court-martial may direct. (Added to NRS by 1967, 1334)

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 ab…

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 wit…

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 th…

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 industria…

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,…

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, shal…

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 suf…

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…