Protection of Government PropertyMilitary Bases
Section 1382 of Title 18 forbids trespassing on military bases.
distinct offenses are embraced by this section. First, 18 U.S.C.
prohibits any person from entering any military installation for any purpose
prohibited by law. In addition, this section precludes individuals who have
removed from bases and instructed not to reenter from reentering without
The intent required for these two offenses differs. In order to
violate the first paragraph of 18 U.S.C. § 1382 an individual must
some "purpose prohibited by law or lawful regulation." Thus, this offense is
specific intent crime. Note, however, that in military installations where
public is forbidden entry by law or regulations, the simple intent to enter
be sufficient to trigger this section.
The second paragraph of this section forbids reentry onto a
base after one has been removed from that base and told not to return.
nature of this offense it has been suggested that a distinct criminal intent
not be shown. See Holdridge v. United States, 282 F.2d
309 (8th Cir. 1960). The mere presence of the individual on the base after
exclusion is sufficient to violate the law.
This section applies to any military, naval, or coast guard
reservation, post, fort, arsenal, yard, station or installation over which
United States has exclusive possession. See Holdridge v. United
States, 282 F.2d at 309. Persons violating this section are subject to
months imprisonment, a $500 fine, or both.
Of course, property offenses occurring on military bases may also
violate 18 U.S.C. § 1361 or, where federal jurisdiction exists, the
applicable federal enclave statutes.
[cited in USAM 9-66.100]