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10 U.S.C. § 879Art. 79. Conviction of offense charged, lesser included offenses, and attempts

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 119 words · no verdicts yet

in plain englishAI-generated · not legal advice

An accused may be found guilty of the charged offense, a lesser included offense, or an attempt to commit either when the stated conditions apply. The section defines “lesser included offense” and limits regulatory designations to offenses reasonably included in the greater offense.

(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) must be reasonably included in the greater offense.
the actual law source: uscode.house.gov ↗public domain
(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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2939

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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