2018 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 47 - Uniform Code of Military Justice
Subchapter X - Punitive Articles
Sec. 879 - Art. 79. Conviction of offense charged, lesser included offenses, and attempts

Download PDF
Citation 10 U.S.C. § 879 (2018)
Section Name §879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts
Section Text

(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.

Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 65; Pub. L. 114–328, div. E, title LX, §5402, Dec. 23, 2016, 130 Stat. 2939.)

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

2016—Pub. L. 114–328 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."

EFFECTIVE DATE OF 2016 AMENDMENT

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

Publication Title United States Code, 2018 Edition, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X - PUNITIVE ARTICLES
Sec. 879 - Art. 79. Conviction of offense charged, lesser included offenses, and attempts
Contains section 879
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 64 Stat. 134
130 Stat. 2939
Public Law References Public Law 114-328
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.