2008 edition - Fort Sam Houston - U.S. Army

forfeiture of all pay and allowances, and confinement
for 10 years.
f. Sample specification.
In that (personal jurisdiction data), did,
at , (subject-matter jurisdiction data, if
required), on or about 20 , in the
nighttime, unlawfully break and enter the (dwelling
h o u s e ) ( w i t h i n t h e c u r t i l a g e )
of , with intent to commit (murder) (larceny)
( ) therein.
56. Article 130—Housebreaking
a. Text of statute.
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 court-martial may direct.
b. Elements.
(1) That the accused unlawfully entered a certain
building or structure of a certain other person; and
(2) That the unlawful entry was made with the
intent to commit a criminal offense therein.
c. Explanation.
(1) Scope of offense. The offense of housebreaking
is broader than burglary in that the place entered
is not required to be a dwelling house; it is not
necessary that the place be occupied; it is not essential
that there be a breaking; the entry may be either
in the night or in the daytime; and the intent need
not be to commit one of the offenses made punishable
under Articles 118 through 128.
(2) Intent. The intent to commit some criminal
offense is an essential element of housebreaking and
must be alleged and proved to support a conviction
of this offense. If, after the entry the accused comm
i t t e d a c r i m i n a l o f f e n s e i n s i d e t h e b u i l d i n g o r
structure, it may be inferred that the accused intended
to commit that offense at the time of the
entry.
(3) Criminal offense. Any act or omission which
is punishable by courts-martial, except an act or
omission constituting a purely military offense, is a
“criminal offense.”
( 4 ) B u i l d i n g , s t r u c t u r e . “ B u i l d i n g ” i n c l u d e s a
room, shop, store, office, or apartment in a building.
“Structure” refers only to those structures which are
in the nature of a building or dwelling. Examples of
57.b.(1)(b)
these structures are a stateroom, hold, or other compartment
of a vessel, an inhabitable trailer, an inclosed
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) Entry. See paragraph 55c(3).
(6) Separate offense. If the evidence warrants, the
intended offense in the housebreaking specification
may be separately charged.
d. Lesser included offenses.
(1) Article 134—unlawful entry
(2) Article 80—attempts
e . M a x i m u m p u n i s h m e n t . D i s h o n o r a b l e d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement
for 5 years.
f. Sample specification.
In that , (personal jurisdiction data), did,
(at/on board—location) (subject-matter jurisdiction
data, if required), on or about 20 ,
unlawfully enter a (dwelling) (room) (bank) (store)
(warehouse) (shop) (tent) (stateroom) ( ),
the property of , with intent to commit a
criminal offense, to wit: , therein.
57. Article 131—Perjury
a. Text of statute.
Any person subject to this chapter who in a judicial
proceeding or in a course of justice willfully
and corruptly—
(1) upon a lawful oath or in any form allowed
by law to be substituted for an oath, gives any
false testimony material to the issue or matter of
inquiry; or
(2) in any declaration, certificate, verification,
or statement under penalty of perjury as permitted
under section 1746 of title 28, United States
Code, subscribes any false statement material to
the issue or matter of inquiry; is guilty of perjury
and shall be punished as a court-martial may
direct.
b. Elements.
(1) Giving false testimony.
(a) That the accused took an oath or affirmation
in a certain judicial proceeding or course of
justice;
(b) That the oath or affirmation was administered
to the accused in a matter in which an oath or
affirmation was required or authorized by law;
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