47(c) (3). Since robbery includes larceny as part of the offense, it is necessary that the item taken be of
some value. Unlike other offenses of taking, however, the maximum penalty which may be adjudged is
independent of the value of the item taken. This is because robbery is primarily a threat to the person
rather than an offense against property.
D. Unlawful Entry (Article 134, UCMJ, para 111). This offense prohibits an unlawful entry into
a building, structure, enclosure, or well marked area, real property, or such personal property as is
usually used for habitation or storage. As with any offense charged under Article 134, the conduct of
the accused must have been to the prejudice of good order and discipline in the armed forces or was of a
nature to bring discredit upon the armed forces. The key to this offense is the lack of authority to enter,
not the intent with which the entry is made.
Any entry is unlawful if it is made without the consent of any person authorized to consent to
entry or without other lawful authority. U.S. v. Fayne, 26 MJ 528 (AFCMR 1988). No specific intent
or breaking is required for this offense. Part IV, MCM 1984, para 111(c). Therefore, a perpetrator need
not intend to commit any crime inside in order to be convicted of unlawful entry.
The areas covered by unlawful entry include a fenced storage area, United States v.
Wickersham, 14 MJ 404 (CMA 1983), and a troop billeting tent. United States v. Love, 15 CMR 260
(CMA 1954). This crime is inapplicable to an automobile, United States v. Reese, 12 MJ 770 (ACMR
1981) as well as troop aircraft used as a conveyance. United States v. Taylor, 30 CMR 44 (CMA 1960).
E. Housebreaking (Article 130, UCMJ). The accused can be convicted of housebreaking if he
unlawfully enters the building or structure of another with intent to commit a criminal offense therein.
The offense of housebreaking is broader than burglary in that the place entered is not
required to be a dwelling. It is not necessary that the place be occupied and a breaking is not necessary.
The entry may occur either during the daytime or at night. Part IV, MCM 1984, para 56(c) (1). The
specific intent to commit some criminal offense inside is an essential element of housebreaking. This is
a key difference between this crime and unlawful entry. If the accused commits a criminal offense after
entering the building or structure, it may be inferred that he intended to commit that offense at the time
The term "building" includes a room, shop, store, office, or apartment. The term "structure"
refers only to those enclosures which are in the nature of a building or a dwelling. Examples of these
structures include 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. Part IV, MCM 1984, para 56(Cc) (4).