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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 65 · 70A Stat. 65

   Enacted · 10 U.S.C. § 879

   Aug. 10, 1956, ch. 1041, 70A Stat. 65

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 65

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LX § 5402 · 130 Stat. 2000

   Amended · 10 U.S.C. § 879

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED OFFENSES, AND ATTEMPTS.   Section 879 of title 10, United States Code (article 79 of the Uniform Code of Military Justice), is amended to read as follows: “§ 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.” .

   Effective date note
   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.

1 of 2 references resolved to an enrolled provision · 1 partial