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. § 930

Art. 130. Stalking

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(a)In General.—Any person subject to this chapter—(1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner;(2) who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner; and(3) whose conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner;is guilty of stalking and shall be punished as a court-martial may direct.(b)Definitions.—In this section:(1) The term “conduct” means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.(2) The term “course of conduct” means—(A) a repeated maintenance of visual or physical proximity to a specific person;(B) a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person; or(C) a pattern of conduct composed of repeated acts evidencing a continuity of purpose.(3) The term “dating partner”, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of—(A) the length of the relationship;(B) the type of relationship;(C) the frequency of interaction between the persons involved in the relationship; and(D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.(4) The term “repeated”, with respect to conduct, means two or more occasions of such conduct.(5) The term “immediate family”, in the case of a specific person, means—(A) that person’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or(B) any other person living in his or her household and related to him or her by blood or marriage.(6) The term “intimate partner”, in the case of a specific person, means—(A) a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or(B) a person who has been in a social relationship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.(Added Pub. L. 109–163, div. A, title V, § 551(a)(1), Jan. 6, 2006, 119 Stat. 3256, § 920a; renumbered § 930 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(11), 5443, Dec. 23, 2016, 130 Stat. 2939, 2955; Pub. L. 118–31, div. A, title V, § 531(d)(2), Dec. 22, 2023, 137 Stat. 259.)Editorial NotesPrior Provisions

A prior section 930 was renumbered section 929a of this title and subsequently omitted from the Code.

Amendments

2023—Subsec. (a). Pub. L. 118–31, § 531(d)(2)(A), substituted “to his or her intimate partner, or to his or her dating partner” for “or to his or her intimate partner” wherever appearing.

Subsec. (b)(3) to (6). Pub. L. 118–31, § 531(d)(2)(B), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section set out elements of stalking and defined terms.

Pub. L. 114–328, § 5401(11), renumbered section 920a of this title as this section.

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.

Effective Date

Pub. L. 109–163, div. A, title V, § 551(b), Jan. 6, 2006, 119 Stat. 3256, provided that: “Section 920a of title 10, United States Code (article 120a of the Uniform Code of Military Justice), as added by subsection (a), applies to offenses committed after the date that is 180 days after the date of the enactment of this Act [Jan. 6, 2006].”

Notes of Decisions
Cited in 122 cases (9 in the last 5 years), 1957–2026 · leading case: United States v. Conliffe, 67 M.J. 127 (C.A.A.F. 2009).
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United States v. Conliffe, 67 M.J. 127 (C.A.A.F. 2009). · cites it 6× “Appellant’s pleas and found Appellant guilty of three specifications of housebreaking, five specifications of conduct unbecoming an officer and a gentleman, and “intentionally us[ing] an image recording device for the purpose of videotaping the sexual conduct of [another]…”
United States v. Jordan, 57 M.J. 236 (C.A.A.F. 2002). · cites it 2× “Further, the Government contends, an inhabited boat is a “structure” under Article 134, since a “houseboat” is listed as an example of a “structure” under Article 130 (Housebreaking), UCMJ, 10 USC § 930 . See para. 56c(4), Part IV, Manual, supra.”
United States v. Arriaga, 70 M.J. 51 (C.A.A.F. 2011). · cites it 2× “§ 929 (2006), always constitutes the offense of housebreaking under Article 130, UCMJ, 10 U.S.C. § 930 (2006), and therefore that housebreaking is necessarily included in -- and is a lesser included offense of -- the offense of burglary under the elements test of United States v.”
Turner v. Commonwealth, 568 S.E.2d 468 (Va. Ct. App. 2002). · cites it 5× “In proof of the predicate prior felony, the Commonwealth relied upon the earlier conviction of defendant by general court-martial for “Housebreaking,” in violation of Article 130, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 930 (1998), 1 while he served in the armed…”
United States v. Wilson, 76 M.J. 4 (C.A.A.F. 2017). · cites it 2× “Appellant was also convicted, contrary to his pleas, of one specification of housebreaking in violation of Article 130, UCMJ, 10 U.S.C. § 930 (2012). He was sentenced to a bad-conduct discharge, confinement for twenty-one months, and reduction to the grade of E-l.”
United States v. Carter, 54 M.J. 414 (C.A.A.F. 2001). · cites it 2× “A general court-martial convicted appellant, contrary to his pleas, of housebreaking and conduct unbecoming an officer, in violation of Articles 130 and 133, Uniform Code of Military Justice, 10 USC §§ 930 and 933, respectively. The adjudged and approved sentence provides for a…”
United States v. John W. Martinez, 122 F.3d 421 (7th Cir. 1997). · cites it 2× “In contrast, 10 U.S.C. § 930 , UCMJ Article 130, titled "Housebreaking” provides Any person subject to this chapter who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a…”
United States v. Tibbs, 15 C.M.A. 350 (1965). · cites it 2× “At his arraignment, on charges of housebreaking and attempted larceny of property on two separate occasions, in violation of Articles 130 and 80, Uniform Code of Military Justice, 10 USC §§ 930 and 880, respectively, the accused entered a plea of guilty.”
United States v. Whitner, 51 M.J. 457 (C.A.A.F. 1999). · cites it 2× “130, UCMJ, 10 USC § 930 , and para. 56b) or indecent assault with intent to gratify his sexual desires (Art.”
United States v. Breese, 11 M.J. 17 (1981). “00, in violation of Articles 130, 80 and 108, Uniform Code of Military Justice, 10 U.S.C. §§ 930 , 880, and 908, respectively.”
United States v. Jeanbaptiste, 5 M.J. 374 (1978). “*375 Opinion of the Court COOK, Judge: Contrary to his pleas, the appellant was convicted by a general court-martial, consisting of a military judge alone, of housebreaking, larceny, and conspiracy to commit those offenses, in violation of Articles 130, 121, and 81, Uniform Code…”
Williams v. United States, 71 Fed. Cl. 194 (Fed. Cl. 2006). “130, 10 U.S.C. § 930 ); (2) assault with a deadly weapon (violation of UCMJ Art.”
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