10 U.S.C. § 879 | Art. 79. Conviction of offense charged, lesser included offenses, and attempts

(a)

In General .—

An accused may be found guilty of any of the following:

(1)

The offense charged.

(2)

A lesser included offense.

(3)

An attempt to commit the offense charged.

(4)

An attempt to commit a lesser included offense, if the attempt is an offense in its own right.

(b)

Lesser Included Offense Defined .—

In this section (article), the term “lesser included offense” means—

(1)

an offense that is necessarily included in the offense charged; and

(2)

any lesser included offense so designated by regulation prescribed by the President.

(c)

Regulatory Authority .—

Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.

Aug. 10, 1956, ch. 1041 70A Stat. 65 Pub. L. 114–328, div. E, title LX, § 5402Dec. 23, 2016130 Stat. 2939(, ; , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
879	50:673.	May 5, 1950, ch. 169, § 1 (Art. 79), 64 Stat. 134.

Editorial Notes

Amendments

Pub. L. 114–3282016— amended section generally. Prior to amendment, text read as follows: “An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.”

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328Jan. 1, 2019section 5542 of Pub. L. 114–328 section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .