Nevada Revised Statutes 412.254 – Applicability
1. The following persons who are not in federal service are subject to this Code:
Terms Used In Nevada Revised Statutes 412.254
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) Members of the Nevada National Guard, whether or not they are in training pursuant to 32 U.S.C. § 501 to 507, inclusive.
(b) Retired, separated or discharged members of the Nevada National Guard, regardless of their entitlement to pay, if the offense charged occurred before their retirement, separation or discharge.
(c) All other persons lawfully ordered to duty in or with the Nevada National Guard, from the dates they are required by the terms of the order or other directive to obey it.
2. No person may be punished under this Code for any offense provided for in the Code unless:
(a) The person is subject to any provision of subsection 1 or is a member of the state military forces; and
(b) The offense is either a purely military offense or a civilian offense where there is a nexus between the offense and the state military forces.
3. To impose disciplinary action under the Code, there must be jurisdiction over the person pursuant to NRS 412.2545 and jurisdiction over the subject matter pursuant to NRS 412.256.
4. For jurisdictional issues based on assignment or attachment, each service component shall refer to the current rules and other guidance applicable to the service component, including, without limitation, regulations and policy directives. Before the initiation of any action pursuant to this Code, the judge advocate shall require that the commanding officer resolve any jurisdictional issue regarding assigned or attached personnel involved in the action.