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inflicts severe bodily harm, with or without a
weapon. If, after you have knocked an individual
down, you repeatedly kick him or her so as to
break the person’s ribs, you have committed
aggravated assault.
Art. 129. Burglary
Any person subject to this code who,
with intent to commit an offense punish-
able under . . . 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.
The house must be a dwelling place at the time
of the breaking and entry, but the residents do
not have to actually be in it. A simple act such
as opening a closed door or window or some other
similar fixture or cutting out the glass of a window
or the netting of a screen constitutes breaking
Entry gained through a trick, false pretense,
impersonation, intimidation, or collusion also
constitutes breaking. For the intruder to succeed
in carrying out the intent for which the house was
broken into is not an essential element.
Art. 130. Housebreaking
Any person subject to this code 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.
The initial entering must amount to trespass-
ing; this article is not violated if the accused
entered the building or structure lawfully, even
though the person had the intent to commit an
offense therein. This offense is broader than
burglary in that the place entered need not be a
dwelling house; also, the place need not be
occupied. A breaking is not essential. The entry
may be either in the nighttime or in the daytime.
The criminal intent is not limited to those offenses
punishable under articles 118 through 128.
Art. 131. Perjury
Any person subject to this code who in
a judicial proceeding or in a course of
justice willfully and corruptly gives, upon
a lawful oath or in any form allowed by
law to be substituted for an oath, any false
testimony material to the issue or matter
of inquiry is guilty of perjury and shall be
punished as a court-martial may direct.
“Judicial proceeding” includes a trial by
court-martial, and “course of justice” includes
an investigation conducted under article 32.
For false testimony to be “willfully and
corruptly” given, the accused must appear not to
believe his or her testimony to be true.
The false testimony must be with respect to
a material matter, but that matter need not be the
main issue in the case. Thus, a person may
commit perjury by giving false testimony about
the credibility of a material witness, as well as by
giving false testimony concerning either direct or
circumstantial evidence.
Art. 132. Frauds Against the United States
This article deals with frauds against the
United States. It pertains to making false claims
against the government to obtain money or
property.
It also pertains to the offense of making a
writing or other paper known to contain a false
statement for the purpose of obtaining the
approval, allowance, or payment of a claim. The
offense is complete when the writing or paper is
made for that purpose, whether or not the use of
either one has been attempted and whether or not
the claim has been presented.
Art. 133. Conduct Unbecoming an Officer and
a Gentleman
Any commissioned officer, cadet, or
midshipman who is convicted of conduct
unbecoming an officer and a gentleman
shall be punished as a court-martial may
direct.
Art. 134. General Article
Though not specifically mentioned in
this code, all disorders and neglects to the
prejudice of good order and discipline in
the armed forces, all conduct of a nature
to bring discredit upon the armed forces,
and crimes and offenses not capital, of
which persons subject to this code may be
guilty, shall be taken cognizance of by a
general, special, or summary court-martial,
according to the nature and degree of the
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