Lesser Included Offenses

Lesser included offenses under Article 79, UCMJ (10 U.S.C. § 879), from MCM Appendix 12A and case precedent.

Choose a charged offense to see its designated lesser included offenses.
Select a charged offense above, or view the complete chart below.

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Presidentially-Prescribed Lesser Included Offenses Pursuant to Article 79(b)(2), UCMJ

This authoritative list provides actual notice of factually similar lesser included offenses designated by the President, pursuant to Article 79(b)(2), that are “reasonably included” in the greater offense. The military justice system has unique, but closely related, military offenses, which are not “necessarily included” lesser offenses under the “elements test.” See United States v. Teters, 37 M.J. 370 (C.A.A.F. 1993); see also United States v. Jones, 68 M.J. 465 (C.A.A.F. 2009). This list is exhaustive as to those lesser included offenses (called “reasonably included offenses” in the chart below) that the President has designated pursuant to Article 79(b)(2). However, this list is not intended to address, and does not address, those offenses that are necessarily included in a charged offense and are therefore lesser included offenses pursuant to Article 79(b)(1).

Not legal advice. The Article 79(b)(2) list above is drawn from MCM Appendix 12A and is authoritative as to the President’s designated “reasonably included” offenses. It does not address offenses “necessarily included” under the elements test (Art. 79(b)(1)), except any such entries an administrator has added here for convenience. Verify against the current Manual and consult a judge advocate or qualified counsel.