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Punitive Articles of the UCMJ
Article 134 - (Unlawful entry)
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Text.

See Paragraph 60.

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 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 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.

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 111

 

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