Subchapter X · Punitive Articles

Article 79. Conviction of offense charged, lesser

2024 Manual for Courts-Martial, United States

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This is a punitive article. Its elements, explanation, maximum punishment, and sample specifications are in the Manual's Part IV. Read Article 79 in the Punitive Articles →
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Provisions elsewhere in the Manual whose text cites Article 79. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 307(c)(3) — Preferral of charges (79(b)(1), 79(b)(2))
…one offense, they may be alleged conjunctively. See R.C.M. 906(b)(5). (v) Lesser included offenses. Article 79 contains two provisions concerning notice of lesser included offenses: (1) offenses that are “necessarily…
Discussion under R.C.M. 920(e)(7) — Instructions on findings (79(b)(1), 79(b)(2))
…is proper when (1) the offense is “necessarily included” in the charged offense in accordance with Article 79(b)(1); or (2) the offense is designated a lesser included offense by the President under Article 79(b)(2). See…
UCMJ Punitive Articles
…be excepted from the specification at findings. See R.C.M. 918(a)(1). See also Appendix 17 of this Manual, Art. 79. Although using the conjunctive “and” to connect the two theories of liability is recommended, a…
Uniform Code of Military Justice
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).