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§ 879. Art. 79. Conviction of lesser included offense

Version history — every release point where this text changed

Release point 115-73 · current through 10/26/2017

§ 879.

Art. 79. Conviction of lesser included offense

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(Aug. 10, 1956, ch. 1041, 70A Stat. 65; Pub. L. 114–328, div. E, title LX, § 5402,
Dec. 23, 2016
, 130 Stat. 2939.)
Notes

Amendment of Section

Pub. L. 114–328, div. E, title LX, § 5402, title LXIII, § 5542,
Dec. 23, 2016
, 130 Stat. 2939, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after
Dec. 23, 2016
, and with provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
879
50:673.
May 5, 1950, ch. 169, § 1 (Art. 79), 64 Stat. 134.

Amendments

2016—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.”

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after
Dec. 23, 2016
, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.

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