Conviction of offense charged, lesser included offenses.

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ARTICLE 79. Conviction of offense charged, lesser included offenses.

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; and

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, 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 Adjutant General.

C. Regulatory authority. Any designation of a lesser-included offense in a regulation referred to in subsection B of this section shall be reasonably included in the greater offense.

Added by Laws 2019, c. 408, § 97, eff. Oct. 1, 2019.


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