10 USC 879 - Art. 79. Conviction of offense charged, lesser included offenses, and attempts

§ 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, § 5402, Dec. 23, 2016, 130 Stat. 2939.)