NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: BCD, TF, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, unlawfully enter the (real property) (personal property) (a structure usually used for habitation or storage) of __________, to wit: _______________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused entered the [real property of (state the person alleged)] [personal property of (state the person alleged), amounting to a structure usually used for habitation or storage], to wit: (state the property alleged); and
(2) That the entry was unlawful.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
An entry must be effected before the offense is complete, but the entry of any part of the body, even a finger, is sufficient. Insertion into the property of a tool or other instrument is also a sufficient entry, unless the insertion is solely to facilitate the entry.
An entry is “unlawful” if it is made without the consent of any person authorized to consent to entry or without other lawful authority.
It is not necessary that the property be in use at the time of entry.
(“Personal property amounting to a structure usually used for habitation or storage” usually includes vehicles expressly used for habitation, such as mobile homes and recreational vehicles. It would usually not include an aircraft, automobile, tracked vehicle, or a person’s locker, even though used for storage purposes. Whether the property alleged amounts to “personal property amounting to a structure usually used for habitation or storage” is a question of fact for you to decide.)