U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 879

Art. 79. Conviction of offense charged, lesser included offenses, and attempts

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(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.)

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 NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 81 cases (5 in the last 5 years), 1957–2025 · leading case: United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011).
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United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011). · cites it 4× “See Article 79, UCMJ, 10 U.S.C. § 879 (2006); see, e.g., Jones, 68 M.”
United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010). · cites it 4× “2008), the text of Article 79, UCMJ, 10 U.S.C. § 879 (2006), and the legislative prerogative to delineate the parameters of federal criminal offenses, see Liparota v.”
United States v. Medina, 66 M.J. 21 (C.A.A.F. 2008). · cites it 2× “Lesser Included Offenses A lesser included offense is defined in Article 79, UCMJ, 10 U.S.C. § 879 (2000), as “an offense necessarily included in the offense charged.”
United States v. Girouard, 70 M.J. 5 (C.A.A.F. 2011). · cites it 2× “Article 79, UCMJ, 10 U.S.C. § 879 (2006) (permitting an accused to “be found guilty of an offense necessarily included in the offense charged”).”
United States v. Weymouth, 43 M.J. 329 (C.A.A.F. 1995). · cites it 4× “Article 79, UCMJ, 10 USC § 879 , is the military’s analogue to Fed.”
United States v. Marcum, 60 M.J. 198 (C.A.A.F. 2004). · cites it 2× “Unlike Lawrence, in which there was no evidence of force whatsoever, the finding in this case simply 19 Article 79, UCMJ, 10 U.S.C. § 879 (2000). 11 United States v.”
United States v. Foster, 40 M.J. 140 (1994). · cites it 2× “2d 213 (1994), on the meaning of “lesser-included offenses,” as defined in Article 79, UCMJ, 10 USC § 879 . In Teters , we adopted the “elements test” for determining whether one offense was “multiplicious” with another for purposes of findings of guilt.”
United States v. Conliffe, 67 M.J. 127 (C.A.A.F. 2009). · cites it 3× “” Article 79, UCMJ, 10 U.S.C. § 879 (2000). Where an offense is a lesser included offense of the charged offense, an accused is by definition on notice because it is a subset of the greater offense alleged.”
United States v. McMurrin, 70 M.J. 15 (C.A.A.F. 2011). · cites it 2× “” The military judge found Appellee not guilty of involuntary manslaughter but convicted him of negligent homicide. Appellee appealed the military judge’s decision to the NMCCA, arguing, inter alia, that Appellee’s conviction for negligent homicide as an LIO of involuntary…”
United States v. Arriaga, 70 M.J. 51 (C.A.A.F. 2011). “” Article 79, UCMJ, 10 U.S.C. § 879 (2006); see also Jones, 68 M.”
United States v. Riggins, 75 M.J. 78 (C.A.A.F. 2016). “Article 79, UCMJ, 10 U.S.C. § 879 (2012), permits an accused to “be found guilty of an offense necessarily included in the offense charged.”
United States v. Nealy, 71 M.J. 73 (C.A.A.F. 2012). · cites it 2× “See Article 79, UCMJ, 10 U.S.C. § 879 (2006) (“An accused may be found guilty of an offense necessarily included in the offense charged .”
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