Crimes committed by military personnel on Nellis Air Force Base are considered violations of federal law. Members of the military stationed at Nellis AFB who commit a crime while off-base may be prosecuted by either military or civilian authorities. In rare cases, they can be prosecuted by both.
Usually, however, the authorities will agree, and the person stationed at or assigned to AFB will be prosecuted under either
- the Uniform Code of Military Justice (UCMJ) or
- the Nevada Revised Statutes,
but not both.
Meanwhile, civilians who commit a crime while visiting the base are not subject to military law or jurisdiction. They will be turned over to the appropriate civilian law enforcement agency, usually the Las Vegas Metropolitan Police Department (LVMPD).
Unfortunately, individuals stationed at Nellis AFB are not entitled to legal assistance in criminal cases by the attorneys at Nellis AFB. That’s where we come in. Our federal and Nevada criminal defense lawyers are versed in all aspects of Nevada and federal criminal law and procedure.
If you are stationed at Nellis AFB and have been charged by civilian authorities, we can help you defend against your Nevada or federal criminal charges. We can also defend you if you are a civilian accused of a crime while visiting Nellis.
In this article, our Las Vegas, Nevada criminal lawyers will address the following key issues regarding crimes committed by members of the military or those visiting Nellis AFB:
- 1. Military Prosecutors
- 2. Military Jurisdiction
- 3. Crimes Committed Off-Base
- 4. DUIs Committed On-Base
- Additional Resources
1. Military Prosecutors
Crimes committed on Nellis AFB by military personnel are usually subject to court-martial under the Uniform Code of Military Justice and prosecuted by the Judge Advocates (JAGs).1
This is because Nellis AFB falls within the special maritime and territorial jurisdiction of the United States.2 It is sometimes referred to as a “federal enclave” of the United States.
Civilians who commit a crime at Nellis Air Force Base will be turned over to
- the Las Vegas Metropolitan Police Department or,
- for federal crimes, to the appropriate Department of Justice investigative agency.
If the identity of the perpetrator is unknown, the LVMPD often collaborates with Nellis Air Force Base security in the investigation.3 Regardless of who investigates, if prosecution against a civilian is warranted, it will be handled by
- the Clark County District Attorney or,
- for a federal crime, by the United States Attorney for the District of Nevada.
Crimes committed by military personnel while in Las Vegas or other off-base locations within Nevada fall within the concurrent jurisdiction of military and civilian authorities. These offenses can be investigated and researched by either military or local law enforcement or both.
As a practical matter, however, agencies with concurrent jurisdiction will usually come to an agreement about which one will handle the matter. In significant cases, investigation and prosecution may be turned over to the
- U.S. Department of Defense or
- U.S. Department of Justice.
2. Military Jurisdiction
Under the Uniform Code of Military Justice, people subject to military jurisdiction include (but are not limited to):
- Members of a regular component of the armed forces, including those awaiting discharge after the expiration of their terms of enlistment;
- Volunteers;
- Inductees;
- Anyone lawfully ordered to duty or training in the armed forces;
- Retired members of a regular component of the armed forces who are entitled to pay;
- Anyone serving a military sentence imposed by a court-martial; and
- Members of certain public agencies when assigned to and serving with the armed forces.4
3. Crimes Committed Off-Base
Most military personnel tried by a civilian court for a crime alleged committed outside of Nellis AFB will not be tried for the same offense by court-martial.
However, if you are prosecuted by the Clark County D.A. or another civilian authority, you may still face
- administrative action by the Air Force (including potential discharge) or
- punishment by your commanding officer under Article 15 of the UCMJ.
You will rarely face court-martial, however, unless you request it instead of Article 15 punishment.
The “Double Jeopardy” clause of the Fifth Amendment prevents people – including service members – from being tried twice for the same crime. It applies to both state and federal prosecutions, including those by court-martial.
Note that if the crime is defined under the UCMJ (as opposed to just adopting Nevada law) and the elements and punishment are even slightly different, the double jeopardy bar may not apply.
4. DUI Committed On-Base
If you drive while under the influence of alcohol and/or drugs while on Nellis AFB and you fall within military jurisdiction, you will be subject to prosecution by court-martial. The penalties for DUI on the base will generally be the same as Nevada DUI penalties.
An exception, however, is DUI with a minor child in the car. Nevada law imposes extra DUI penalties when a child 14 or younger is in the car with you. Under 18 U.S. Code 13(b)(2), you receive extra punishment when the child is under 18.
Accordingly, if you are a member of the military and you drive while under the influence at Nellis AFB with a child aged 15, 16 or 17 in the car, you face penalties in addition to those which Nevada DUI law imposes. These can include a significant fine and an extra term of imprisonment of:
- Up to 1 year if no one is injured,
- Up to 5 years if serious bodily injury of a minor is caused, or
- Up to 10 years if death of a minor is caused.
Additional Resources
For more information, refer to these Nellis Air Force Base webpages:
- Guidelines for Personal Firearm Ownership – Information for airmen and family members living at Nellis.
- How To Recognize and Report Fraud – Guide by the Air Force Office of Special Investigations.
- Sexual Assault Support – Resources and helpline for victims of sexual assault in the Department of Defense community.
- Judge Advocate – Attorneys who can help military members and their family by providing legal advice and reviewing documents.
- How to Represent Yourself in Court – Step-by-step guide for how to represent yourself without an attorney.
Legal references:
- 18 U.S. Code 13 (known as the “Assimilative Crimes Act”).
- 18 U.S. Code 7.
- The 99th Security Forces Squadron provides flight-line security, police services and antiterrorism/force protection for Nellis AFB and nearby Creech AFB.
- UCMJ 802. ART. 2.