U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 929

Art. 129. Burglary; unlawful entry

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(a)Burglary.—Any person subject to this chapter who, with intent to commit an offense under this chapter, breaks and enters the building or structure of another shall be punished as a court-martial may direct.(b)Unlawful Entry.—Any person subject to this chapter who unlawfully enters—(1) the real property of another; or(2) the personal property of another which amounts to a structure usually used for habitation or storage;shall be punished as a court-martial may direct.(Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 114–328, div. E, title LX, § 5442, Dec. 23, 2016, 130 Stat. 2954.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

929

50:723.

May 5, 1950, ch. 169, § 1 (Art. 129), 64 Stat. 142.

Editorial NotesAmendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who, with intent to commit an offense punishable under sections 918–928 of this title (articles 118–128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.”

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 74 cases (13 in the last 5 years), 1957–2026 · leading case: United States v. Arriaga, 70 M.J. 51 (C.A.A.F. 2011).
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United States v. Arriaga, 70 M.J. 51 (C.A.A.F. 2011). “STUCKY, Judge, with whom RYAN, Judge, joins (concurring in part and dissenting in part and in the result): I concur in the majority’s opinion holding that burglary under Article 129, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 929 (2006), always constitutes the offense…”
United States v. Leahr, 73 M.J. 364 (C.A.A.F. 2014). · cites it 2× “Appellant was found not guilty of burglary, in violation of Article 129, UCMJ, 10 U.S.C. § 929 (2012), and kidnapping, in violation of Article 134, UCMJ.”
United States v. Jones, 73 M.J. 357 (C.A.A.F. 2014). “§ 881 (2012), and one specification of burglary, in violation of Article 129, UCMJ, 10 U.S.C. § 929 (2012). The adjudged sentence provided for confinement for two years and a bad-conduct discharge.”
United States v. Whitner, 51 M.J. 457 (C.A.A.F. 1999). · cites it 2× “129, UCMJ, 10 USC § 929 , and para. 55b); housebreaking with intent to commit sodomy (Art.”
United States v. Lee, 73 M.J. 166 (C.A.A.F. 2014). “On May 4, 2005, following mixed pleas, a military judge sitting alone as a general court-martial convicted Appellant of one specification of conduct unbecoming an officer and a gentleman, in violation of Article 133, UCMJ, three specifications of burglary, in violation of…”
United States v. Warner, 25 M.J. 64 (1987). “Warner was convicted by a general court-martial of burglary 1 and larceny, in violation of Articles 129 and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 929 and 921, respectively. The court members sentenced him to forfeit all pay and allowances, to be reduced to the…”
United States v. Eshalomi, 23 M.J. 12 (1986). “Contrary to his pleas, he was found guilty of burglary, rape, assault with intent to commit sodomy, and indecent assault, in violation of Articles 129, 120, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 929 , 920, and 934, respectively.”
United States v. Watkins, 21 M.J. 224 (1986). “Contrary to his pleas, he was found guilty of burglary with intent to commit rape, assault consummated by a battery, forcible sodomy, and rape, in violation of Articles 129, 128, 125, and 120 of the Uniform Code of Military Justice, 10 U.S.C. §§ 929 , 928, 925, and 920,…”
United States v. Lee, 66 M.J. 387 (C.A.A.F. 2008). “After a trial on the contested offenses, Appellant was convicted of three specifications of burglary, conduct unbecoming of an officer and a gentleman, three specifications of fraternization, and five specifications of indecent assault, all in violation of Articles 129, 133, and…”
United States v. Johanns, 17 M.J. 862 (1983). “Articles 129 and 130, 10 U.S.C. §§ 929 , 930; (5) embezzlement of money or property not intended for military service, see Navy Courts and Boards, section 100, and U.”
United States v. John W. Martinez, 122 F.3d 421 (7th Cir. 1997). “Title 10 U.S.C. § 929 , UCMJ Article 129, titled “Burglary” provides: Any person subject to this chapter who, with intent to commit an offense punishable under sections 918928 of this title (articles 118-128), breaks and enters, in the nighttime, the dwelling house of another,…”
United States v. Douse, 12 M.J. 473 (1982). “He was acquitted of a related charge of burglary, in violation of Article 129, UCMJ, 10 U.S.C. § 929 . The approved sentence extends to a bad-conduct discharge, confinement at hard labor for 2 years, forfeiture of $350.”
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