UCMJ Article 129: Unlawful Entry

Walking into another unit’s barracks without permission, slipping into a restricted storage area to look around, or entering a building with no authority and no invitation can expose a service member to charges under Article 129 of the Uniform Code of Military Justice. Unlawful entry is the least serious of the entry offenses, because it does not require any intent to commit a further crime. The wrongful intrusion itself is the offense.

Article 129, codified at 10 U.S.C. 929, is titled “Burglary; unlawful entry.” It now houses two related offenses: burglary and unlawful entry. Unlawful entry is found in subsection (b). This page describes that offense and explains where the older crime of housebreaking went.

What happened to housebreaking

Before 2019, military law recognized three separate entry crimes: burglary under Article 129, housebreaking under Article 130, and unlawful entry charged under the general article, Article 134. Housebreaking punished the unlawful entry of a building or structure with intent to commit a criminal offense inside, without burglary’s old requirements of a dwelling or nighttime entry.

The 2016 Military Justice Act, effective 1 January 2019, eliminated housebreaking as a standalone article. Article 130 now addresses stalking. The conduct formerly charged as housebreaking, unlawful entry of a building or structure with intent to commit an offense, is now reached through the modernized burglary provision of Article 129, which no longer requires a dwelling or nighttime entry. Unlawful entry without any criminal intent, by contrast, is now charged under Article 129(b). In short, the entry crimes were consolidated into a single article.

Elements the government must prove

For unlawful entry under Article 129(b), the prosecution must establish each element beyond a reasonable doubt:

  • That the accused entered the real property of another, or certain personal property of another that amounts to a structure usually used for habitation or storage.
  • That the entry was unlawful, meaning without consent and without legal justification or authority.

Unlawful entry does not require force, a particular time of day, a dwelling, or any intent to commit a further offense. The unauthorized entry is sufficient. Entry through an unlocked door or an open window counts; breaking is not an element.

Maximum punishment

The maximum punishment for unlawful entry under Article 129(b), as listed in the Manual for Courts-Martial, is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

By contrast, burglary under Article 129(a), which requires entry of a building or structure with intent to commit an offense, carries a dishonorable discharge, total forfeitures, and confinement for up to ten years, reflecting the added element of criminal intent. For offenses committed on or after 27 December 2023, sentencing proceeds under the standardized sentencing parameters and criteria, which place burglary in a higher confinement category than unlawful entry.

Defenses

Recognized defenses to an unlawful-entry charge include:

  • Consent. Entry permitted by a person with authority over the property is not unlawful.
  • Authority. Entry made as part of official duties or under lawful orders is authorized.
  • Mistake of fact. A reasonable, honest belief that the accused had permission or authority can negate the unlawful character of the entry.
  • Lawful right of entry. A genuine legal right to be on the property defeats the charge.

Distinctions from burglary

The dividing line between unlawful entry and burglary under Article 129 is criminal intent at the moment of entry. Burglary requires that the accused entered a building or structure intending to commit an offense punishable under the UCMJ. Unlawful entry requires no such intent; it punishes the intrusion alone. A service member who enters a supply room intending to steal commits burglary, while one who wanders into a restricted area with no further criminal purpose commits unlawful entry. Because intent at entry is decisive, an entry that begins innocently and turns criminal later generally does not become burglary.

Frequently asked questions

How does unlawful entry differ from burglary?
Burglary requires entry of a building or structure with intent to commit an offense. Unlawful entry requires only an unauthorized entry, with no intent to commit a further crime. Unlawful entry carries a far lower maximum punishment.

Is housebreaking still a separate offense?
No. Housebreaking, formerly Article 130, was eliminated effective 1 January 2019. That conduct is now reached through the modernized burglary provision of Article 129, and Article 130 now covers stalking.

Does unlawful entry require force or a broken lock?
No. Entry through an open door or unlocked window is enough. The offense turns on the lack of authority, not the method of entry.

Can unlawful entry apply to military property?
Yes. Entering restricted areas, motor pools, or supply rooms without authority can support a charge, as can entering civilian property without consent.

Does this offense apply off base and overseas?
Yes. UCMJ jurisdiction follows the service member, so unauthorized entry abroad or off the installation can be charged when the conduct meets the article’s terms.

Sources

10 U.S.C. 929 (Article 129, Burglary; unlawful entry): https://www.law.cornell.edu/uscode/text/10/929
10 U.S.C. 930 (Article 130, Stalking, the former housebreaking article): https://www.law.cornell.edu/uscode/text/10/930
Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf
Military Attorney Joseph L. Jordan, Articles of the UCMJ

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

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