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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Unlawful Entry

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused entered the real property of another or certain personal property of another which amounts to a structure usually used for habitation or storage;

(2) That such entry was unlawful; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. See paragraph 55 (Article 129) for a discussion of “entry.” An entry is “unlawful” if made without the consent of any person authorized to consent to entry or without other lawful authority. No specific intent or breaking is required for this offense. See paragraph 56 (Article 130)for a discussion of housebreaking. The property protected against unlawful entry includes real property and the sort of personal property which amounts to a structure usually used for habitation or storage. It would usually not include an aircraft, automobile, tracked vehicle, or a person’s locker, even though used for storage purposes. However, depending on the circumstances, an intrusion into such property may be prejudicial to good order and discipline.

Lesser included offenses. Article 80—attempts

Maximum punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.







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Revised: 10/21/09.