Title 10 — Armed ForcesRelease 119-73not60
§879 Art. 79. Conviction of Offense Charged, Lesser Included Offenses, and Attempts
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter X— PUNITIVE ARTICLES › § 879
Summary
An accused person may be convicted of the charged offense, a lesser offense, or an attempt at either if that attempt is itself a crime. A "lesser included offense" is one that is necessarily part of the charged offense or is reasonably listed by the President.
Full Legal Text
Title 10, §879
Armed Forces — Source: USLM XML via OLRC
(a)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)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)Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 87950:673.May 5, 1950, ch. 169, § 1 (Art. 79), 64 Stat. 134.
Editorial Notes
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.”
Statutory Notes and Related Subsidiaries
Effective Date
of 2016 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 879
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60