Article 134 UCMJ – Unlawful Entry – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes unlawful entry—entering another person’s property, building, room, barracks, vehicle, or space without authority. Unlike burglary (Article 129) or housebreaking (Article 130), unlawful entry under Article 134 does not require breaking, nighttime entry, or intent to commit any crime inside. It simply punishes unauthorized entry when it is wrongful and prejudicial to good order and discipline or service-discrediting.

Because the standard is vague, unlawful entry is one of the most overcharged and misunderstood offenses. Many service members are wrongly accused for entering the wrong barracks room while drunk, retrieving their own property, responding to an emergency, entering a space they believed they had permission to use, or being pulled into a situation by others.

Florida’s military installations—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick Space Force Base, MacDill AFB, NSA Panama City, NAS Key West, and all Coast Guard Sectors—see a high number of unlawful entry cases due to alcohol use, barracks living, nightlife environments, overcrowded housing, and roommate conflicts.

Gonzalez & Waddington is globally recognized for defeating unlawful entry accusations. We dismantle these cases by proving misidentification, lack of wrongful intent, implied consent, drunken confusion, mutual access, and Florida-specific social dynamics that lead to misunderstanding.

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What Counts as Unlawful Entry Under Article 134?

A service member commits unlawful entry when they:

• Enter a building, room, vehicle, house, barracks, or space
• Without permission or authority
• AND the entry was wrongful
• AND the entry was prejudicial to good order and discipline or service-discrediting

Unlike burglary or housebreaking:

• No intent to commit a crime is required
• No need to break anything
• No need for nighttime entry
• No need to remain inside

In fact, most unlawful entry cases involve confusion, alcohol, or miscommunication, not criminal intent.

Examples of Unlawful Entry

1. Entering the Wrong Barracks Room

One of the most common scenarios—especially after drinking.

2. Retrieving Personal Property

Entering a shared or former residence to pick up belongings.

3. Social Gatherings in Shared Spaces

Being invited by one roommate but not another.

4. Entering an Unlocked Vehicle

Often occurs in shared parking areas.

5. Entering an Unlocked Office or Workspace

Misunderstanding about authorized access.

6. Being Let In by a Third Party

Someone with access opens the door—later denies permission.

7. Helping a Drunk Friend

Carrying them to the wrong room or area.

8. Sleeping in the Wrong Location

After drinking, service members enter the closest available room or area.

9. Entering a Space Used by Multiple Units

Break rooms, kitchens, laundry rooms, lounge areas.

10. Miscommunication in Relationship Settings

Entering a partner’s home or car during a breakup misunderstanding.

Elements the Government Must Prove

The prosecution must prove all of the following beyond a reasonable doubt:

1. The Accused Entered the Property

Entry can be partial—leaning inside a door or window counts.

2. The Entry Was Unlawful

No permission or authority existed at the time.

3. The Entry Was Wrongful

This element collapses if there was confusion, implied consent, emergency, or legitimate purpose.

4. The Entry Was Prejudicial or Discrediting

The government must show actual harm—not just annoyance, confusion, or embarrassment.

Why Unlawful Entry Cases Are Weak

Unlawful entry cases frequently collapse because prosecutors cannot prove:

• Wrongful intent
• Knowledge that the entry was unauthorized
• Impact on good order and discipline
• Lack of implicit or previously given permission
• That the accused knowingly entered the wrong place
• Accurate identification of the accused (especially in dark/busy areas)

Florida’s nightlife and barracks environments make these elements even harder to prove.

Why Unlawful Entry Allegations Are Common in Florida

Florida produces high volumes of Article 134 unlawful entry allegations due to:

• Alcohol-heavy nightlife (Jacksonville Beach, Miami, Tampa, Pensacola)
• Barracks living with identical rooms and hallways
• Shared off-base apartments near military installations
• Youthful enlisted demographics
• Tourist crowds causing confusion and misidentification
• Heat, exhaustion, and stress contributing to mistakes
• Breakups and domestic disputes

Most Florida cases come from confusion, alcohol, and poor communication—not criminal intent.

Florida-Specific Real-World Unlawful Entry Scenarios

1. Entering the Wrong Barracks Room While Drunk

One of the most defensible and common cases in Pensacola, Mayport, and Jacksonville.

2. Being Invited In, Then Reported Later

A roommate or partner invites someone but later denies it.

3. Domestic Conflict in Off-Base Housing

Accused enters during a breakup/off-and-on relationship.

4. Entering a Friend’s Car in a Parking Lot

Misunderstood as unauthorized entry.

5. Walking Into an Unlocked House or Apartment

Especially common where multiple military members live together.

6. Helping a Drunk or Sick Friend to a Room

Accused enters wrong space trying to help someone.

7. Party or Social Gathering Spillover

Guests move between rooms and floors; someone calls security.

8. Barracks Pranks

Seen as “entering without authorization.”

9. Shared Workspace Miscommunication

Temporarily using an office believed to be shared.

10. Entering a Boat, Vehicle, or Vessel Without Clarified Permission

Common in Coast Guard and Navy environments.

How Unlawful Entry Investigations Work

Investigations typically involve:

• NCIS
• CID
• OSI
• CGIS
• Military police
• Civilian police (in Florida nightlife areas)
• Command-directed investigations

Common Investigation Problems We Expose

• No clear evidence of lack of consent
• Multiple possible sources of entry
• Misidentification (especially at night)
• Conflicting witness statements
• Accuser bias (jealousy, conflict, revenge)
• No evidence of actual harm or disruption
• Video footage contradicts allegations
• Accused believed they had permission

Unlawful entry cases almost always fall apart when real forensic, digital, and eyewitness analysis is completed.

Defense Strategies for Article 134 Unlawful Entry Cases

1. Prove Lack of Criminal Intent

Most entries were accidental, confused, or well-intentioned.

2. Demonstrate Implied or Prior Consent

Shared living spaces, frequent visits, past access, or mixed permissions defeat the charge.

3. Challenge Accuser Credibility

• Revenge reporting
• Breakup retaliation
• Roommate conflict
• Anger over unrelated misconduct

4. Florida-Specific Defense Angles

• Nighttime misidentification in crowded nightlife areas
• Tourists misinterpreting events
• Barracks rooms with identical layouts

5. Use Digital and Forensic Evidence

Door access logs, key card data, phone GPS, and surveillance footage often prove innocence.

6. Prove Legitimate Purpose

Helping someone, checking on a friend, retrieving belongings, or avoiding danger.

7. Attack the “Prejudice to Good Order” Element

Private, accidental, or benign conduct rarely harms discipline or discredits the military.

Pro Tips for Anyone Accused of Unlawful Entry

• Avoid speaking with investigators without counsel.
• Do not admit to “going inside” without legal advice.
• Preserve all texts, messages, social media posts, and photos.
• Identify witnesses who saw the events.
• Document your memory of the timeline.
• Do not delete anything from your phone.
• Avoid discussing the case with roommates, peers, or accusers.
• Contact a civilian defense lawyer immediately.

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Article 134 Unlawful Entry – Frequently Asked Questions