Article 130 Housebreaking
A person who has unlawfully entered the structure or building of another
with the intention to commit a criminal offense is subject to Article
120 housebreaking, and shall receive punishment as pronounced by a court-martial.
The scope of this offense is broader than burglary. Here, it is not necessary
that the place entered be a dwelling house or there be a breaking. It
is also not necessary that the entry be made only during nighttime. The
accused need not have the intent to commit one of the offenses punishable
under Articles 118 through Article 128 of the UCMJ.
Elements of Article 130
The following elements govern Article 130:
- The accused unlawfully entered the structure or building of another person
- In this respect, the unlawful entry was made with the intention to commit
a criminal offense
Building refers to a shop, store, room or apartment in a building. A
structure includes enclosures similar to dwellings or buildings, such as a houseboat,
tent, railroad freight car, an enclosed goods truck or an inhabitable trailer.
Entry refers to an act effected prior to the completion of the offense. The entry
of any part of the body or insertion of an instrument or a tool is deemed
to be sufficient entry.
Criminal offense is an act or omission that is punishable by a court-martial
Unlawfulness of entry is a key aspect the judge takes into account when examining the facts
and circumstances of the case. The structure entered by the accused can
be private, public or semi-private. Entry into public buildings will be
lawful during hours when it is officially open to the public.
For semi-private structure such as tents or barracks, the unlawfulness
of entry will be dependent on relevant circumstances. These are:
- The function of the building
- Status, duties and character of the accused
- The conditions governing the entry, such as method, time and accused's
purpose, if any
- Whether or not there was a directive seeking to regulate or limit free entry
- Whether or not the accused was explicitly invited to enter
- The invitational authority of the claimed host
- Whether or not the accused had dealt with the structure or its residents,
and the nature of this dealing
- Whether or not the accused intended to commit a criminal offense inside
The accused shall be deemed to have entered a private or semi-private structure
unlawfully, if he/she does not have the permission/consent of the person
authorized to allow such an entry, or the lawful authority to enter the
structure in question.
It is not necessary to prove that the accused committed the offense or
attempted to commit the offense. But the intent to commit a criminal offense
is an essential element of this article and it must be proven to convict
the accused of this offense.
It must be proved beyond a reasonable doubt that the accused intended to
commit every element of the offense at the time of unlawful entry. The
elements of the intended offense(s) will be examined to decide the verdict.
For instance, the judge will examine elements of
intent to kill if the intended offense was
Separate and Lesser Included Offenses
Based on the evidence, the intended offense under
housebreaking shall be separately charged. The lesser included offenses under the Article
are Article 80 Attempts and Article 134 Unlawful Entry.
A person found guilty under Article 130 burglary is subject to the following
- Dishonorable Discharge
- Total forfeiture of pay and allowances
- Five years confinement
- Demotion to the lowest enlisted rank E-1