UCMJ Article 130 – Housebreaking

UCMJ Article 130 criminalizes housebreaking, which is the unlawful entry of a building or structure with intent to commit a criminal offense inside. Unlike burglary under Article 129, housebreaking does not require nighttime entry or that the structure be a dwelling. The offense targets the combination of trespass and criminal intent, which threatens both property and the security of military communities.

This provision helps maintain discipline and respect for property rights both on and off base. It applies to service members who unlawfully enter military buildings, civilian structures, or other facilities with the intent to commit crimes such as theft, assault, or vandalism.

Key Elements

The prosecution must prove:

  1. That the accused unlawfully entered a building or structure of another.
  2. That the entry was intentional and without consent or lawful authority.
  3. That at the time of entry, the accused intended to commit a criminal offense inside.

The building does not have to be a dwelling, and the entry can occur at any time of day.

Scope and Application

Housebreaking includes:

  • Entering a motor pool or supply warehouse to steal equipment.
  • Sneaking into an office building at night to commit larceny.
  • Breaking into a civilian business or store while deployed overseas.

It does not apply to open areas or vehicles. The UCMJ requires entry into a defined building or structure with criminal intent.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

Defenses

Possible defenses include:

  • Consent or authority: If the accused was authorized to enter.
  • No intent to commit a crime: If the accused entered unlawfully but without criminal purpose, it may not meet housebreaking requirements.
  • Not a building or structure: Open areas, tents, or vehicles may not qualify.
  • Mistake of fact: If the accused believed they had lawful access.

Examples

If a soldier breaks into a supply room to steal gear, Article 130 applies. If a Marine sneaks into a command building at night to destroy documents, that is housebreaking. If an airman enters a warehouse unlawfully but only seeks shelter from bad weather, it may not qualify since no criminal intent existed.

Conclusion

Article 130 punishes unlawful entry into buildings or structures with criminal intent, protecting both property and order in military communities. By distinguishing it from burglary, the UCMJ ensures proportional penalties for non-dwelling intrusions while still treating the misconduct as serious.

Frequently Asked Questions

1. How does housebreaking differ from burglary under the UCMJ?
Burglary under Article 129 requires unlawful entry into a dwelling at night with intent to commit a crime. Housebreaking under Article 130 applies to any building or structure, at any time of day, regardless of whether it is a dwelling. This distinction makes housebreaking broader in scope but less harshly punished. The difference protects against unfairly labeling all entries as burglary.

2. Does the crime require the accused to succeed in committing the intended offense?
No. The offense is complete once the accused unlawfully enters with intent to commit a crime. Even if nothing is stolen or no harm occurs, the act of entering with criminal purpose satisfies Article 130. This ensures accountability for the risk created by the unlawful entry itself. The focus is on intent at the time of entry.

3. What qualifies as a building or structure under Article 130?
Any enclosed space designed for use or occupation, such as offices, warehouses, supply rooms, or commercial stores. Vehicles, tents, or open fields generally do not qualify. The structure must provide shelter or house activities. Courts rely on common sense and context to decide if a place counts as a building.

4. What is the maximum punishment for housebreaking?
Up to 5 years of confinement, dishonorable discharge, and forfeiture of all pay and allowances. This punishment is less severe than burglary, which can carry up to 20 years. The difference reflects the absence of nighttime dwelling intrusion in housebreaking. However, it is still a felony-level offense.

5. Can housebreaking occur during the day?
Yes. Unlike burglary, housebreaking can happen at any time, day or night. The key requirement is unlawful entry with criminal intent. The absence of a nighttime element makes housebreaking broader but less severely punished. This distinction is important in military law.

6. Can consent by one person excuse unlawful entry?
Yes, if the person giving consent had lawful authority over the building. If consent was invalid or obtained by fraud, it may not serve as a defense. Courts examine whether the accused reasonably believed they had permission. Genuine authority is required to excuse liability.

7. Does Article 130 apply on overseas deployments?
Yes, it applies worldwide to all service members under UCMJ jurisdiction. Unlawful entry into host-nation civilian structures can be prosecuted under Article 130. This ensures discipline and accountability even outside the United States. Local civilian charges may also apply.

8. Can attempted housebreaking be charged?
Yes, under Article 80 for attempts. If the accused takes substantial steps to break into a building with criminal intent but is stopped, attempted housebreaking may apply. The law punishes both completed and attempted misconduct. Intent and overt acts are the deciding factors.

9. What if the accused entered only to play a prank?
If the prank involved no intent to commit a UCMJ offense, it may not qualify as housebreaking. However, it could still result in other charges such as unlawful entry or disorderly conduct. Courts examine intent at the moment of entry. Harmful pranks may still face serious consequences.

10. Why is housebreaking considered serious under military law?
Because it undermines respect for property rights, threatens security, and disrupts good order. Unauthorized entries into military or civilian buildings can endanger lives and damage relationships with local communities. Strict enforcement deters misconduct and preserves discipline. It also protects the military’s reputation at home and abroad.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 930, Article 130
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0162
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Davis, 56 M.J. 299 (2002)
  • 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 130 or any other UCMJ provision, you should consult a qualified military attorney.

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