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

1. A. In general. An accused may be found guilty of any of the following:

   1. 1. The offense charged;
   2. 2. A lesser included offense;
   3. 3. An attempt to commit the offense charged; and
   4. 4. An attempt to commit a lesser included offense, if the attempt is an offense in its own right.

2. B. Lesser included offense defined. In this section, the term "lesser included offense" means:

   1. 1. An offense that is necessarily included in the offense charged; and
   2. 2. Any lesser included offense so designated by regulation prescribed by the Adjutant General.
3. 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.

Laws 2019, HB 2362, c. 408, § 97, eff. October 1, 2019.