Page 599 - Trump Executive Orders 2017-2021

10302 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

unlawful if made without consent of any person authorized to consent to entry or without other
lawful authority.
(4) Building, structure. Building includes room, shop, store, office, or apartment in a building.
Structure refers only to those structures that are in the nature of a building or dwelling. Examples
of these structures are a stateroom, hold, or other compartment of a vessel, an inhabitable trailer,
an enclosed truck or freight car, a tent, and a houseboat. It is not necessary that the building or
structure be in use at the time of the entry.
(5) Intent to commit offense.
(a) Burglary. Both the breaking and entry must be done with the intent to commit an
offense punishable under the UCMJ in the building or structure. If, after the breaking and
enteting, the accused commits one or more of these offenses, it may be inferred that the accused
intended to commit the offense or offenses at the time of the breaking and entering. If the
evidence warrants, the intended offense may be separately charged. It is immaterial whether the
o±Iense intended is committed or even attempted. If the offense is intended, it is no defense that
its commission was impossible. For example, if an accused enters a house with intent to murder a
resident, but the resident is not present in the house, the accused may still be found guilty of
burglary.
(b) Unlwvful entry. Neither specific intent to commit an offense, nor breaking is required
for this offense.
(6) Properly protectedfrom unknvful entr_y. The property protected against unlawful entry
includes real property and the sort of personal property that amounts to a stmcture usually used
for habitation or storage, which would usually include vehicles expressly used for habitation,
such as mobile homes and recreational vehicles. It would usually not include an aircraft,
automobile, tracked vehicle, or a person's locker, even though used for storage purposes.
However, depending on the circumstances, an intmsion into such property may be punishable
under Article 134, UCMJ as conduct prejudicial to good order and discipline or of a nature to
bring discredit upon the armed forces.
(7) Unk.mfulne:-,~· of entry. An entry is unlawful if made without the consent of any person
authorized to consent to entry or without other lawful authority.
d. Maximum punishment.
(1) Burglary (with the intent to commit an offense punishable under Article 118-120, 120b-
121, 122, 125-128a, or 130). Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 10 years.
(2) Burglary (with intent to commit any other ojji.mse punishable under the UCJV!J).
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(3) Unlaw}i1.l entry. Bad-conduct discharge, forfeiture of all pay and allowances, and
confinement for 6 months.
e. Sample specifications.
(1) Burglary
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _, unlawfully break and enter the
(building) (stmcture) of , to wit , with intent to commit an offense under the
Uniform Code of Military Justice therein, to wit: _______ _
(2) Unknvful entry.
In that , (personal jurisdiction data), did, (at/on board-location) (subject-
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00416 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.418</GPH>
20 _, unlawfully enter the (real
matter jurisdiction data, if required), on or about

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