UCMJ Article 129 – Burglary

UCMJ Article 129 criminalizes burglary, which is unlawfully breaking and entering the dwelling house of another in the nighttime with the intent to commit a criminal offense inside. Burglary is considered more serious than unlawful entry because it combines trespass with the intent to commit another crime, creating greater danger to people and property.

The offense is rooted in common law traditions, but under the UCMJ it carries its own definitions and punishments. Because it involves intrusion into a person’s dwelling, burglary is treated with strict penalties to deter conduct that undermines safety and discipline.

Key Elements

The prosecution must prove:

  1. That the accused broke and entered the dwelling of another.
  2. That the entry occurred in the nighttime.
  3. That the entry was unlawful.
  4. That the accused intended to commit a criminal offense inside.

“Breaking” can include even minimal force, such as opening a closed but unlocked door. “Nighttime” means the period when there is insufficient daylight to clearly identify a person’s features.

Scope and Application

Article 129 applies when a service member unlawfully enters a dwelling at night to commit theft, assault, or any other UCMJ offense. Key points include:

  • The location must be a dwelling used for living, not just a building or structure.
  • The intent must exist at the time of entry; forming the intent afterward does not satisfy the article.
  • Daytime entries, while still unlawful, are usually charged under Article 130 (Housebreaking).

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 20 years.

Defenses

Possible defenses include:

  • Consent: If the occupant consented to entry.
  • No intent to commit a crime: If the accused entered without criminal purpose.
  • Not a dwelling: If the structure was not a dwelling house within the meaning of the article.
  • Daytime entry: If the entry occurred during the day, burglary may not apply, though other charges might.

Examples

If a soldier sneaks into another service member’s house at night planning to steal electronics, Article 129 applies. If a Marine unlawfully enters a civilian home on base housing at night intending to commit assault, it is burglary. If an airman breaks into a building during the day, it may be unlawful entry or housebreaking, but not burglary.

Conclusion

Article 129 enforces discipline by punishing the dangerous combination of trespass and criminal intent in nighttime dwelling intrusions. Its strict penalties reflect the need to protect both property and personal safety within the military community.

Frequently Asked Questions

1. How is burglary different from housebreaking under the UCMJ?
Burglary requires entry into a dwelling at night with intent to commit a crime. Housebreaking can occur at any time and involves any building or structure, not just dwellings. The element of nighttime dwelling intrusion makes burglary more serious. The punishments for burglary are therefore harsher.

2. Does burglary require actual theft or assault inside?
No. The offense is complete once the unlawful nighttime entry into a dwelling is made with intent to commit a crime. Even if the accused leaves without committing the intended act, burglary still applies. Proof of intent at the time of entry is the key factor. The intended crime does not have to succeed.

3. What qualifies as a “dwelling” under Article 129?
A dwelling is any house or building regularly used for sleeping or living, including military housing or quarters. Temporary structures used for living may also qualify. Non-residential buildings like offices or warehouses are not dwellings under this article. If entry occurs there, it may be housebreaking instead.

4. Why does nighttime matter for burglary?
Nighttime intrusions pose greater danger because occupants are more vulnerable while sleeping. The law historically treated burglary at night as more serious for this reason. Under the UCMJ, the element of nighttime is required to distinguish burglary from housebreaking. This maintains the traditional severity of the crime.

5. What is the maximum sentence for burglary under Article 129?
Up to 20 years of confinement, dishonorable discharge, and forfeiture of all pay and allowances. This reflects the seriousness of violating both property rights and personal safety. The sentence can severely impact a service member’s life and career. It is among the harsher property crimes in the UCMJ.

6. Can consent by one occupant be a defense?
Yes, if the accused had valid consent to enter from an occupant with authority, the entry is not unlawful. However, if consent was obtained by fraud, the defense may not hold. Courts examine whether the accused truly had permission to enter. Consent must be genuine and not coerced.

7. Does burglary apply to military barracks or quarters?
Yes. Barracks rooms, base housing, and other places where service members live qualify as dwellings. Unlawful nighttime entry into another’s quarters with criminal intent is burglary. This ensures service members’ privacy and safety are protected on installations. Military-specific living spaces are treated as dwellings.

8. Can someone be charged with burglary if no “breaking” occurred?
Yes. Even opening a closed but unlocked door or window can be considered a “breaking.” The law does not require damage or forceful entry. Minimal interference to gain access is sufficient. The focus is on unlawful entry with intent, not the degree of force.

9. What if the accused entered for a prank or joke?
If the intent was not to commit a UCMJ offense, it may not meet burglary requirements. However, other charges such as unlawful entry or disorderly conduct may still apply. Courts examine the accused’s true intent at the time of entry. Pranks that cause harm or damage may still lead to punishment.

10. Why is burglary punished so harshly under the UCMJ?
Because it threatens both property and personal safety, especially during nighttime when victims are vulnerable. The offense undermines trust within military communities and creates fear. Strict punishment deters service members from committing such acts. It preserves discipline and safety across the force.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 929, Article 129
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0161
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Williams, 16 M.J. 636 (1983)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 129 or any other UCMJ provision, you should consult a qualified military attorney.

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