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8/30/24, 3:19 AMgpstc Criminal Law
Jeremiah
Terms in this set (102)
Is there attempted murder in GA? No
Our power to exert to the full extent of the law because it is in our bounds (for law
Jurisdiction O.C.G.A. 17-2-1
enforcement)
For the courts; Criminal action shall be tried in the county where the crime was
Venue O.C.G.A. 17-2-2
committed
Is there a statue of limitation for murder? No
Limitation of prosecution for a felony is how 4 years
long?
When DNA evidence is established to identify perpetrators in Armed Robbery,
Prosecution for what offenses can
Kidnapping, Rape, Aggravated Child Molestation, Aggravated Sodomy or Aggravated
commence at any time?
Sexual Battery
Prosecution for a misdemeanor shall be 2 years after the commission of a crime
commenced within how much time?
Can a female be charged with rape in GA? No
What is the general purpose of title 16 crimes Proportionate punishments, give fair warning of the nature of the conduct forbidden
and offenses? and the sentence, define which statues are crimes
Idea starts with law enforcement/officer, government officer or employee. Undue
Entrapment O.C.G.A. 16-3-25
persuasion, incitement, or deceitful means
Not to be found guilty if the crime was committed by accident or no criminal
Misfortune or accident not a crime
negligence
Sexual intercourse with any person under the age of 16,
Statutory Rape O.C.G.A. 16-6-3 Victim 14 but less than 16 years of age and the person convicted of statutory rape is 18
years of age or younger and is no more than four years older than the victim
(1) A female forcibly and against her will; or
Rape O.C.G.A. 16-6-1 (2) A female who is less than ten years of age.
25 years to life followed by probation for life
gpstc Criminal Law
A person commits the offense of murder when he unlawfully and with malice
Murder O.C.G.A. 16-5-1
aforethought, either express or implied, causes the death of another human being
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, 8/30/24, 3:19 AM
Malice shall be implied where no considerable provocation appears and where all the
Malice Murder
circumstances of the killing show an abandoned and malignant heart.
A person commits the offense of murder in the second degree when, in the commission
Murder 2nd degree of cruelty to children in the second degree, he or she causes the death of another
human being irrespective of malice.
Causes the death of another human being under circumstances he acts solely as the
Voluntary Manslaughter O.C.G.A. 16-5-2 result of a sudden, violent, and irresistible passion.
One nor more than 20 years
An unlawful act when he causes the death of another human being without any
intention.
One year nor more than ten years.
Involuntary manslaughter O.C.G.A. 16-5-3
A lawful act in an unlawful manner when he causes the death of another human being
without any intention to do so.
Misdemeanor.
Reckless conduct causing harm to or endangering the bodily safety of another
not more than ten years
Reckless Conduct O.C.G.A. 16-5-60
Conduct by HIV infected persons; STD or drugs
not less than five nor more than 20 years
Multiple prosecutions for same conduct Double jeopardy = protects people from being charged twice for the same criminal act
Does any immoral or indecent act to or in the presence of or with any child under the
age of 16 years with the intent to arouse or satisfy the sexual desires of either the child
Child Molestation O.C.G.A. 16-6-4 or the person
not less than five nor more than 20 years (1st)
en years nor more than 30 years/Life (2nd)
Commits an offense of child molestation which act physically injures the child or
involves an act of sodomy.
Aggravated Child Molestation O.C.G.A. 16-6-
25 years and not exceeding life imprisonment, followed by probation for life
4
Victim is at least 13 but less than 16 years of age, 18 years of age or younger and is no
more than four years older than the victim
Mental capacity A person cannot be deemed guilty if they cannot understand what is right or wrong
victim has to be 14-16 yrs old and perp has to be 18 or no more than 4 years older than
romeo and juliet for statutory rape
victim (misdemeanor)
A person of sound mind and discretion is Intend the natural and probable consequences of his acts
presumed to?
Fornication O.C.G.A. 16-6-18 Ruled unconstitutional 2003
1st degree - w/a firearm/weapon get vehicle by force, violence or intimidation or
attempts to do so
20 years and a fine of not less than $10,000.00 nor more than $100,000.00,
Hijacking a Motor Vehicle O.C.G.A.
2nd degree - obtains vehicle w/o consent or in front of another person
not less than one nor more than ten years and a fine of not more than $5,000.00. 2nd 15,
3rd 20
Sexual intercourse or sodomy with person they are related to by blood or by marriage
Incest O.C.G.A. 16-6-22 Imprisonment for not less than ten nor more than 30 years
under the age of 14 years imprisonment for not less than 25 nor more than 50 year
Having sex with another person other than your spouse
Adultery O.C.G.A. 16-6-19
misdemeanor
Aggravated Sexual Battery O.C.G.A. 16-6- Intentionally penetrates with a foreign object the sexual organ or anus of another
person without the consent of that person.
22.2
gpstc Criminal Law 25 years to life imprisonment, probation for life
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