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CRM 1500-1999

1634. Protection Of Government Property -- Military Bases

Section 1382 of Title 18 forbids trespassing on military bases. Two distinct offenses are embraced by this section. First, 18 U.S.C. § 1382 prohibits any person from entering any military installation for any purpose prohibited by law. In addition, this section precludes individuals who have been removed from bases and instructed not to reenter from reentering without permission.

The intent required for these two offenses differs. In order to violate the first paragraph of 18 U.S.C. § 1382 an individual must enter for some "purpose prohibited by law or lawful regulation." Thus, this offense is a specific intent crime. Note, however, that in military installations where the public is forbidden entry by law or regulations, the simple intent to enter will be sufficient to trigger this section.

The second paragraph of this section forbids reentry onto a military base after one has been removed from that base and told not to return. Given the nature of this offense it has been suggested that a distinct criminal intent need not be shown. See Holdridge v. United States, 282 F.2d 302, 309 (8th Cir. 1960). The mere presence of the individual on the base after his 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 the United States has exclusive possession. See Holdridge v. United States, 282 F.2d at 309. Persons violating this section are subject to 6 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 JM 9-66.100]