UCMJ Article 134 – Unlawful Entry

This enumerated offense under Article 134 punishes service members who wrongfully enter the property of another without authority. The offense reinforces respect for property rights, privacy, and security. Unlike burglary (Article 129) or housebreaking (Article 130), unlawful entry does not require intent to commit another crime — the wrongful entry itself is enough to be punishable if it undermines discipline or discredits the armed forces.

Key Elements

The prosecution must prove:

  1. That the accused entered the property of another or a restricted place.
  2. That the entry was unlawful and without authority or permission.
  3. That, under the circumstances, the act was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

Unlawful entry applies to:

  • Entering barracks, offices, or quarters without permission.
  • Entering restricted areas on a base without authorization.
  • Walking into private homes, hotel rooms, or other dwellings without consent.
  • Entering government buildings, storage areas, or motor pools without authority.

It does not require theft, assault, or other misconduct. The offense lies in the unauthorized intrusion itself.

Punishment

  • Maximum punishment: Confinement for 3 months and forfeiture of two-thirds pay for 3 months.

Defenses

Possible defenses include:

  • Consent or permission: If the accused was allowed to enter.
  • Authority: If the accused entered as part of official duties.
  • Mistake of fact: If the accused reasonably believed they had permission or were authorized.
  • No prejudice or discredit: If the entry caused no disruption or harm to discipline (rarely successful).

Examples

If a soldier sneaks into another unit’s barracks without permission, Article 134 applies. If a Marine enters restricted storage areas to explore, it qualifies. If an airman walks into a civilian’s private property while off duty without consent, it is unlawful entry. By contrast, if a sailor enters a room after being invited in, it may not be wrongful.

Conclusion

Article 134 unlawful entry reinforces respect for property and authority in the military. By punishing unauthorized intrusions, the UCMJ protects discipline, privacy, and the reputation of the armed forces.

Frequently Asked Questions

1. How is unlawful entry different from burglary or housebreaking?
Burglary requires entry into a dwelling at night with intent to commit a crime. Housebreaking requires unlawful entry into a building or structure with criminal intent. Unlawful entry requires only the unauthorized entry itself. It is the least severe of the three.

2. What is the maximum punishment for unlawful entry?
Confinement for 3 months and forfeiture of two-thirds pay for 3 months. Although relatively light, it can still damage a service member’s career. Administrative consequences may also follow.

3. Does unlawful entry require force?
No. Entry can be through an open door or window. The offense is based on lack of permission, not the method of entry.

4. Can unlawful entry apply to military property?
Yes. Entering restricted areas, motor pools, or supply rooms without authority qualifies. Unauthorized entry into government property is punishable.

5. What if the accused believed they had consent?
A reasonable mistake of fact can be a defense. If the accused genuinely thought they were authorized or invited, liability may not attach.

6. Does unlawful entry apply off duty and off base?
Yes. Service members are accountable worldwide. Unauthorized entry into civilian property can be charged under Article 134 if it discredits the armed forces.

7. Can intoxication excuse unlawful entry?
No. Being drunk does not excuse misconduct. Entering property without authority while intoxicated is still wrongful.

8. How does unlawful entry harm military discipline?
It undermines trust, violates privacy, and creates security risks. Unauthorized entry into living quarters or restricted areas damages cohesion and safety.

9. Can this offense overlap with other charges?
Yes. Unlawful entry may be charged along with larceny, assault, or property destruction if additional crimes occur. Each offense addresses different misconduct.

10. Why does the military punish unlawful entry separately?
Because not all unauthorized entries involve theft or violence. The article ensures accountability for the intrusion itself, even when no other crime is committed. This reinforces discipline and respect for authority.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Unlawful Entry)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Davis, 44 C.M.R. 9 (1971)
  • 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 134 or any other UCMJ provision, you should consult a qualified military attorney.

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