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

---
identifier: "/us/usc/t10/s879"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 879 - Art. 79. Conviction of offense charged, lesser included offenses, and attempts"
title_number: 10
title_name: "ARMED FORCES"
section_number: "879"
section_name: "Art. 79. Conviction of offense charged, lesser included offenses, and attempts"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "X"
subchapter_name: "PUNITIVE ARTICLES"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 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.

---

**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.)

| 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 Notes

### Amendments

2016— 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 Amendment

Amendment by  effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see  and Ex. Ord. No. 13825, set out as notes under .