Criminal Flashcards
1
Q
Felonies vs. Misdemeanors
A
Federal law categorizes crimes as felonies if punishable by more than one year in prison.
Georgia follows a similar distinction but has specific statutory penalties for misdemeanors of a high and aggravated nature (e.g., harsher fines and longer sentences).
2
Q
Search and Seizure (4th Amendment)
A
Federal law applies the exclusionary rule for illegal searches.
Georgia recognizes the exclusionary rule but also allows good faith exceptions for invalid warrants under broader circumstances than federal law.
3
Q
Exclusionary Rule
A
The exclusionary rule is a legal doctrine that prevents the government from using evidence that was obtained illegally. The rule is intended to protect the rights of defendants and to prevent police misconduct.
4
Q
Double Jeopardy
A
Allowed in federal - Prohibits retrial after acquittal or conviction for the same offense.
Georgia allows re-prosecution after mistrials resulting from jury deadlock but applies the same basic double jeopardy principles.
5
Q
Right to Counsel
A
Federal law guarantees the right to counsel at critical stages of the prosecution.
Georgia follows federal law but allows waiver of counsel only after the defendant is informed on the record of the risks of self-representation.
6
Q
Specific Intent
A
The intent to bring about a specific result (e.g., burglary requires intent to commit a felony inside).
7
Q
General Intent
A
The intent to perform the act that causes harm (e.g., battery).
8
Q
Strict Liability Intent
A
A crime that does not require proof of intent (e.g., statutory rape).
9
Q
Probable Cause
A
A reasonable belief, based on facts, that a crime has been committed and the suspect committed it.
10
Q
Miranda Rights
A
Warnings required before custodial interrogation to protect the 5th Amendment right against self-incrimination.
11
Q
Felony Murder Rule
A
In Georgia, a killing that occurs during the commission of an inherently dangerous felony is charged as felony murder, even if unintentional.
12
Q
Deadly Force In Defense
A
Georgia has a stand your ground law that allows individuals to use deadly force in self-defense without a duty to retreat if they are lawfully present.
13
Q
Arrest Warrants
A
In Georgia, an arrest warrant must be issued by a judge or magistrate based on probable cause. Private citizens may also request arrest warrants in certain circumstances.
14
Q
Search and Seizure
A
Georgia applies a good faith exception to the exclusionary rule for invalid search warrants under broader circumstances than federal law.
Georgia does not require a warrant for searches of automobiles when probable cause exists.
15
Q
Nolo contendere plea
A
Georgia allows defendants to plead nolo contendere (no contest), which cannot be used against them in civil cases.
16
Q
First Offender Act
A
Georgia allows certain first-time offenders to avoid a conviction by completing probation or other conditions imposed by the court.
17
Q
Express Malice
A
A deliberate intention to take the life of another, manifested by external circumstances.
Knowing that one’s actions will kill or cause grievous bodily harm.
18
Q
Implied Malice
A
When there is no provocation and the circumstances of a killing show an “abandoned or malignant heart”.
Extreme recklessness or criminal negligence.
19
Q
Murder Definition
A
Unlawful killing of another with malice aforethought (implied or express).
20
Q
Second Degree Murder
A
Causing the death of another, irrespective of malice, during the commission of second degree cruelty to children.
Penalty = 10-30 years.
21
Q
Felony Murder
A
Causing the death of another during the commission of an inherently dangerous felony, irrespective of malice.
∆ is liable for any death, including those of bystanders or co-felons, if it was a direct consequence/proximate cause of the felony.
22
Q
Felony Murder Merger
A
If a death occurs during the commission of more than one inherently dangerous felony, the felony with the harshest penalty will be merged with murder.
If ∆ is convicted of malice murder and felony murder, the ∆ will be sentences for the malice murder and the predicate felony (not murder twice).
23
Q
Difference between specific intent and general intent crimes
A
General intent only requires that the ∆ intended to do the act, not the outcome.
Specific intent requires the ∆ to have intended the act and have had knowledge that the act would result in the unlawful harm. Negated by voluntary intoxication or honest mistake of fact.
24
Q
Specific Intent Crimes
A
Premeditated Murder
Robbery/Bribery
Conspiracy
Solicitation
Embezzlement
Forgery
Larceny
False Pretenses
Child Molestation
Attempt
25
Voluntary Intoxication
Not a defense to any crime in Georgia. May be used to negate specific intent if it altered brain function to the extent of negating intent.
26
Voluntary Manslaughter
"Heat of Passion" Killing.
Must have had adequate objective provocation, such that a reasonable person would have lost control, and subjective provocation, that the ∆ was actually provoked and did not have time to "cool off" in between the provocation and the killing.
27
Involuntary Manslaughter
Unintentional killing of another by either a
1. Non-felony unlawful act that proximately causes the victim's death; or
2. A lawful act performed in an unlawful way, likely to cause death or bodily harm.
(Misdemeanor murder and criminal negligence murder)
28
Feticide
Willfully causing the death of an unborn child by (a) causing injury to the mother that would be murder if the mother had died, or (b) causing death of the newborn during the commission of a felony.
Does not include abortion or medical treatment.
29
Felony Murder Felonies
Must be inherently dangerous. BAARRK.
Burglary
Aggravated assault if with malice
Arson
Robbery
Rape
Kidnapping
Death must have been a "foreseeable outgrowth" of the felony, and must have been during the commission of the felony.
Commission of a felony begins at the point in which the ∆ could be charged with attempt and ends when the ∆ reaches a point of temporary safety.
30
Co-Felon Liability for Felony Murder
Whenever one felon dies as a proximate result of a felony, all co-felons are liable for felony murder.
31
Simple Battery
Intentionally causing physical harm to another or intentionally making physical contact in a provoking or offensive manner.
Misdemeanor.
32
Battery
Intentionally causing substantial physical harm or **visible bodily harm to another.**
“Visible bodily harm” = bodily harm capable of being perceived by a person other than the victim.
Examples: black eye, swollen lips, substantial bruising.
Misdemeanor, but can become a felony if committed three times against the same victim.
33
Aggravated Battery
Intentionally and maliciously causing bodily harm to another in the form of **depriving a person of a body part, rendering a body part useless, or seriously disfiguring** another.
Felony.
Minimum of one year in prison, maximum of 20.
Minimum punishment can be increased if battery was committed on public transit or on a public safety officer, a person 65+, family member, or school personnel.
34
Defenses to Battery
Consent; defense of self, others, or property, if proportional force was used.
35
Simple Assault
Attempting to inflict a violent injury or placing another in reasonable apprehension of immediate violent injury.
Misdemeanor.
36
Aggravated Assault
Assault with —
(a) the intent to murder/rape/rob;
(b) a deadly weapon;
(c) an object likely to strangle; or
(d) shooting from a car at a person.
Felony. Minimum one year and maximum 20 years.
Minimum punishment can be increased if battery was committed on public transit or on a public safety officer, a person 65+, family member, or school/court personnel, etc.
37
Kidnapping
Abduction of another without lawful authority and holding them against their will.
Any slight movement is sufficient to constitute abduction, even concealment, however, the movement cannot be incidental to another crime.
Victim over 14 → 10-20 years.
Victim under 14 → 25-life.
Victim held for ransom or injured → life.
Does not merge with any other crime; stands alone.
38
False Imprisonment
Intentional confinement or detainment of another in violation of their personal liberties.
Minimum 1 year, maximum 10.
39
Reckless Conduct
Engagement in reckless conduct that causes harm or endangers the bodily safety of another, including the conscious disregard for the high risk of harm to another.
Includes knowingly engaging in sexual conduct or use of needles with another without disclosing HIV+ status.
Misdemeanor.
40
Rape
Having carnal knowledge/sexual intercourse of/with a female against her will or a female under 10.
“Intercourse” = any penetration.
Being married ≠ a defense.
Mere testimony is sufficient to convict.
41
Statutory Rape
Sexual intercourse with anyone under 16 who is not a spouse.
Testimony alone is not sufficient to convict, must have corroborating evidence.
If the ∆ is under 21, 1-20 years.
If the ∆ is over 21, 10-20 years.
If the victim is 14-16 years old and the ∆ is under 18, it is a misdemeanor.
42
Theft
Unlawfully taking or appropriation of the property of another with the intent to deprive (permanently or temporarily).
If the value is less than $1,500, it is a misdemeanor.
If the value is more than $1,500, it is a felony.
"Taking" = taking control over the property in a way that deprives its rightful owner of the property's use and/or enjoyment.
43
Theft by Taking (Larceny)
To prove theft by taking under Georgia law, the prosecution must show:
Unlawful Taking or Appropriation:
The defendant either:
Took the property without permission; or
Had lawful possession of the property but misappropriated it.
Property of Another:
The property belonged to someone else.
Intent to Deprive:
The defendant acted with the intent to permanently deprive the owner of the property.
Temporary borrowing or use does not typically qualify unless the intent was to permanently deny the owner of its value.
Without Authorization:
The taking or appropriation was done without the owner’s consent.
44
Theft by Deception
Obtaining property by deceitful means or artful practice with the intent to deprive.
"Deceitful means" includes lying, failing to correct, or failing to disclose, but NOT exaggerations.
45
Theft by Conversion
Lawfully obtaining funds or property and then knowingly converting to one's own use. (Embezzlement)
46
Theft Defenses
∆ is not criminally liable for theft if (a) ∆ is unaware that the property belonged to someone else (no specific intent); or (b) ∆ acted under and honest claim of right that the property was theirs.
47
Robbery
"Georgia defines robbery as the taking and carrying away of the property of another from his person or the area within his immediate control, by force or threat of force, by putting the victim in fear of immediate bodily injury."
Taking the property of another with the intent to commit theft, by use of force, intimidation, or sudden snatching.
Must be taken from a person or their presence.
1-20 years imprisonment.
48
Burglary First Degree
Entering or remaining in the dwelling of another without authority and with the intent to commit a felony therein.
"Dwelling" = any building or structure designed for occupancy or residential use.
Felony; 1-20 years imprisonment.
49
Burglary Second Degree
Entering or remaining within a non-residential, non-dwelling building without authority and with the intent to commit a felony therein.
Felony; 1-5 years imprisonment.
50
Conspiracy
An agreement with one or more person to commit a crime + an overt act in furtherance of the agreement.
Must have specific intent to commit the target offense; "crossing the line from thinking into active preparation".
∆ can be convicted even if their co-conspirator is acquitted due to the unilateral agreement.
Penalty is based on the target offense.
51
Pinkerton Doctrine/Co-Conspirator Liability
Every co-conspirator is liable for the crimes of all other co-conspirators when they are:
(a) a "foreseeable outgrowth" of the conspiracy; and
(b) committed in furtherance of the conspiratorial goal.
52
Withdrawal as a Defense to Conspiracy
A co-conspirator may be relieved from criminal liability if they prove that they withdrew their agreement before the initial overt act and gave notice to all co-conspirators.
53
Attempt
Committing a "substantial step" towards the commission of a target offense with the specific intent to commit that offense.
Impossibility ≠ a defense.
Voluntary and complete abandonment/renunciation = defense.
The charge of attempt merges with the crime if completed.
54
Defense of Attempt
Complete and voluntary renunciation of ∆'s criminal purpose.
Not just postponing or stopping to avoid detection — only a complete and total renunciation will bar criminal liability.
55
Solicitation
Soliciting, requesting, or demanding another to commit a crime with the specific intent for that person to engage in a felony.
The crime of solicitation is complete at the time that it is made (cannot withdraw).
The solicitee does not have to actually commit the crime solicited, or even be capable of committing.
If the solicitee does commit the crime solicited, the charge merges with thar crime and the ∆ becomes an accomplice.
56
Accomplice Liability
A ∆ can be criminally liable for a crime they did not personally commit if they aid or abet in its commission, or intentionally encourages, hires, advises, etc. another to commit the crime.
Once found to be an accomplice, ∆ is then liable to the extent of the principal for all natural /probable consequences of the accomplice's conduct.
Presence alone cannot constitute criminal intent. However, presence, companionship, and conduct both before and after commission can be sued to determine criminal intent.
57
Insanity
∆ will not be found guilty of a crime if, at the time of commission, they could not distinguish right from wrong.
∆ will not be found guilty of a crime if they were acting on a delusional compulsion as a result of mental illness which overpowered their will to resist committing the crime. (The delusion, if true, must have justified ∆'s act)
∆ has the burden of proof by a preponderance of the evidence.
58
Duress/"Coercion" In Georgia
∆ is not criminally liable if they performed under such coercion that ∆ reasonably believed that committing the crime was the only way to prevent ∆'s imminent death or great bodily injury.
59
Self-Defense, in General
∆ is justified in the use or threat of force when
- A reasonable amount of force was used, and
- ∆ reasonably believed it was necessary to protect themselves or others against imminent unlawful force.
The use of deadly force in self-defense is only justified to protect against a proportional use of deadly force.
NOT applicable if ∆ was the first aggressor. (Unclean hands)
Retreat is not required in GA.
60
Defense of Property
If the property is a residence/dwelling, ∆ is justified in using reasonable force to protect the property and themselves. Deadly force will only be justified if it was a forcible entry and ∆ has reason to believe that the intruder is there to commit a felony or assault.
If the property is not a residence/dwelling, the use of force is only justified to the extent necessary to end the trespass and protect property.
61
Duty to Retreat/"Stand Your Ground"
There is no duty to retreat before the use of force in protection of self, others, or property.
62
Entrapment
To assert entrapment as a defense, the idea to commit the crime must have originated from the government agent, who then induced/enticed ∆ to commit the act.
AKA, ∆ would not have committed the act but for the inducement by the government.
63
Accessory After the Fact
At common law, an accessory who knows of the commission of a felony and aids the felon in order to hide their commission is an accessory after the fact.
In Georgia, anyone "concerned in the commission of a crime" may be charged with the commission of that crime.
64
Location of Indictment
In Georgia, a defendant is subject to indictment either where the crime occurred or where some significant act of the crime was perpetrated.
65
Under Georgia law, does **conspiracy** merge into completed offenses?
Conspiracy **does** merge into a completed crime.
66
Under Georgia law, what are the elements of **kidnapping**?
Kiddnapping occurs when someone
1. abducts or steals away another person without lawful authority, **and**
2. holds the person against his or her will.
The victim **must** be moved, but the act is not kidnapping if the movement is "merely incidental" to the commission of another offense.
67
Under Georgia law, what are the elements of **subordination of perjury**?
Subordination of perjury is a seperate offense committed when one persuads or induces another to commit perjury.
68
Under Georgia law, what is the punishment for home invasion?
* Second degree home invasion's punishment is five to twenty years of imprisonment **and** a fine of up to $100,000.
* First degree home invasion's punishment is life in prison *or* ten to twenty years of imprisonment **and** up a fine of up to $100,000.
69
Under Georgia law, may a victims testimony alone support a conviction?
Yes.
70
Under Georgia law, when may a corporation be held vicariously liable for its employee's criminal actions?
Georgia will prosecute a corporation when the statute clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of his employment and on behalf of the corporation. Georgia will also prosecute a corporation when the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official acting within the scope of his employment on behalf of the corporation. O.C.G.A. § 16-2-22.
71
Under Georgia law, what are the elements for **Theft by Conversion**?
Theft by Conversion—embezzlement under the common-law—occurs when a person *lawfully* obtains funds *or other property* and *knowingly* converts the funds or property to his or her own use *in violation of* an agreement *or* legal obligation.
Personal property *must* have a replacement cost of *more than $ 100*.
72
Under Georgia law, when does the "merger" doctrine apply with a felony-murder charge?
If the defendant was involved in the commission of multiple felonies and it is not clear what felony underlies the felony murder, the felony with the harshest potential punihsment is merged with the murder conviction.
73
Under Georgia law, what type of construct may a "structure designed for use as a dwelling" include?
Buildings, vehicles, railroad cars, watercraft, and aircraft.
74
Under Georgia law, what are the elements of **bribery** as it pertains to the non-government agent?
Bribery is a felony.
A defendant is guilty of bribery if he or she:
* gives or offers
* to anyone acting for or on behalf of the state, any political subdivision, or any agency of either,
* any benefit, reward, or consideration
* to which he or she is not entitled
* with the purpose of influencing him or her in the performance of any act related to his or her office or employment.
75
Under Georgia law, what are the elements for **Lost or Mislaid Property**?
A finder who comes into control of property that he knows was lost or mislaid **and** who appropriates the property to his own use without first trying to find the owner commits the crime of theft of lostor mislaid property.
76
Under Georgia law, when under what circumstnaces may a defendant be charged with a "felony murder"?
In Georgia, any felony that is *inherently dangerous or creates a foreseeable risk of death* will support a felony-murder conviction. THe perpetrator need not act with malice.
77
Under Georgia law, what are the elements of **thefty by receiving**?
A person commits the crime of teft by recieing when he or she
* receives, disposes of, or retains stolen property,
* that he or she knows or should know was stolen,
* unless the property is received, disposed of, or retained with the intent to restore it to the owner.
78
Under Georgia law, what are the elements of **illegal remuneration of judges and law enforcement officials**?
It is illegal for a **judge, prosecuting attorney, investigating officer, or law enforcement officer** who is a witness in a case to recieve or agree to receive remuneration for
* publishinging a book or article,
* making a public appearance, *or*
* participating in any commercial activity concerning the case during the time between indictment and the completion of direct appeal
in any criminal case that the judge, prosecuting officer, or law enforcment officer is involved.
79
Under Georgia law, what evidence can be used to infer intent?
Georgia courts may infer intent based on words, conduct, demeanor, motive, and all other circumstances connected with the act. O.C.G.A. § 16-2-6.
80
Under Georgia law, what are the elements of **second-degree burglary**?
Second degree burglary requires the defendant to
* enter or remain in a structure **not designed** for use as a dwelling
* with the intent to commit a felony or theft therein
* regardless of whether the structure is occupied at the time.
81
Under Georgia law, what is the scope of "depriving" regarding the crime of theft?
**Depriving** includes withholding proeprty permanently or temporarily, or disposing of the property so as to make it unlikely the owner will recover it.
82
Under Georgia law, what is defenses to use of force?
A person can threaten or use force only when he or she reasonably believes it is necessary to defend himself or herself or a third person against the imminent use of unlawful force. This force can only be to the extent he or she reasonably believes is necessary.
83
Under Georgia law, does feticide apply to abortion?
No. The statute does **not** apply to an abotion *if* the pregnant woman—or a person authorized by law to act on her behalf—consents or if consent is implied by law. It also does not allow prosecution for meidcal treatment of the pregnant woman or her unborn child.
84
Under Georgia law, when does a "theft" occur?
Theft occurs when a person unlawfully takes property or, if the property is lawfully in her possession, appropriates another's property with the intent to deprive him of the property, regardless of the manner in whicht he property is taken or appropriated.
85
Under Georgia law, what are the elements of **keeping a place of prostitution**?
Keeping a place of prostitution is a felony *if* it involves the conduct of a minor between the ages of sixteen and eighteen.
86
Under Georgia law, what is the necessary intent for murder charge?
Malice can be either express or implied. **Express malice** is the deliberate intention to take the life of another person that is manifested by external circumstances capable of proof. **Implied malice** occurs when no considerable provocation is apparent and all the circumstnaces of the killing show an *abandoned and malignant heart*.
87
Under Georgia law, what are the elements of **theft by extortion**?
In Georgia, teft by extortion requires the accused actually obtain the property of or from another by theft. The treat can be to:
* Physically injure someone
* Commit another crime
* Accuse someone of committing a crime
* Spread information that tends to subject a person to hatred, contempt, or ridicule or to impair his credit or business repute
* Take action (or fail to) as a public offical
* Cause a public official to act (or not act)
* Cause or continue a strike, boycott, or another collective unofficial action *if* the proeprty is not demanded or received for the benefit of the group in whose interest the actor purports to act
* Testify or provide information, or withhold testimony or information, about another's legal claim or defense.
88
Under Georgia law, what is the punishment for attempt?
In Georgia, a defendant who attempts to commit a **felony** must be punished by imprisonment for at least one year, but no more than one-half the maximum period of time for which she could have been sentenced if convicted of the attempted crime. The defendant can also be fined one-half the maximum fine to which she could have been subjected to if convicted of the attempted crime.
If the attempted offense was a **misdemeanor**, the defendant is subject to the punishment prescribed for that misdemeanor.
If the crime is **punishable by death or life in prison**, the defendant can be punished by imprisonment from one to 30 years.
89
Under Georgia law, what are the elements of **third-degree arson**?
Third degree arson occurs when the property that is damaged is **personal property** with a value of $25 or more.
90
Under Georgia law, what is the **retreat doctrine**?
In Georgia, a person engaged in self-defense or defense of property has **no legal duty** to retreat before using force, including deadly force.
91
Under Georgia law, what are the elements of **first-degree** **home invasion**?
First degree home invasion occurs when a person, without authority and with the intent to commit a **forcible felony**, enters the dwelling of another while in possession of a deadly weapon and while a person authorized to be in the dwelling is present.
92
Under Georgia law, is **abandonment** an affirmative defense?
Georgia recognizes voluntary and complete abandonment as an affirmative defense.
Abandonment is *not* voluntary and complete if the defendat
* believes circumstance exist that increase the probablity of detection or apprehension or that render more difficult the accomplishment of the crime, or
* decides to postpone the criminal conduct until a later time.
93
Under Georgia law, what are **lesser included offenses**?
A crime is a lesser-included offense if it is established by proof of
* the same *or fewer* than all the facts,
* a *less culpable* mental state than is required to establish the commission of the crime charged, *or*
* if it differes from the crime charged *only with regard to* a less serious injury or risk of injury to the *same* person, property, or public interest.
94
Under Georgia law, when does **armed robbery** occur?
Armed robbery occurs when, with the intent to commit theft, a person takes another's property from her person or her immediate precense by using a weapon or devicse that appears to be a weapon.
95
Under Georgia law, what are the elements of **second-degree home invasion**?
Second degree home invasion occurs when a person without authority and intends to commit a **forcible misdemeanor** enters the dwelling of another while in possession of a deadly weapon and while a person authorized to be in the dwelling is present.
96
Under Georgia law, what are the elements for **theft by deception**?
When a person obtains property by *any* deceitful means *or* artful practice with the intent to deprive the owner of the property.
A defendant is decietful whenever he intentionally:
* Creates or confirms another's impression of an existing fact or past event that is false and that the accused knows or believes to be false
* Fails to correct a false impression of an existing fact or past event that he previously created or confirmed
* Prevents another from acquiring information pertient to the disposition of the property involved
* Sells or otherwise transfer or encumbers property and intentionally fails to disclose a substantial and valid known lien, adverse claim, or other legal imediiment to the enjoyment of the property, whether the impediment is or is not a matter or official record
* Promises to perform services that he does not intend to perform or knows will not be performed.
97
Under Georgia law, what are the elements of **incest**?
Incest occurs when someone engages in sexual intercourse or sodomy with a person whom he or she knows he or she is related to by blood or marriage.
98
Under Georgia law, what occurs if a third-party willfully and knowingly obstructs a law enforcement officer in his or her duties?
It is a misdemeanor to knowingly and willfully obstruct a law enforcement officer in his or her duties. If violence is involved, it is a felony punishable by one to five years in prison. O.C.G.A. § 16-10-24.
99
Under Georgia law, what is the burden of proof for insanity?
The defendant has to prove insanity by a preponderance of the evidence.
100
Under Georgia law, is **fornication** or **adultry** a crime?
Yes, ***but*** the Georgia Constitution provides that **no** law can criminalize private, unforced, non-commercial acts of sexual intimacy between persons who are legally able to consent.
101
Under Georgia law, can a minor give anyone permission to enter his or her parent's or guardian's property?
No, *if* the parent or guardian has *already* forbidden entry *or* asked the entrant to leave.
102
Under Georgia law, what are the elements of **aggravated assault**?
Assault is aggravated when a person commits assault:
* With the intent to murder, rape, or rob;
* With a deadly weapon or any object that, when used offensively, is likely to or actually does result in serious bodily injury;
* With any object, device, or instrument that, when used offensively against a person, is likely to or actually does result in strangulation; or
* By discharging a firearm from within a motor vehicle toward a person.
103
Under Georgia law, what are the elements of **sexual battery**?
A defendant is guilty of sexual battery if he or she intentionally makes physical contact with another person's intimate parts without the consent of that person.
104
Under Georgia law, how does theft by conversion apply to rental property?
Any person who
* has **possession or control** of another's personal property under a lease or rental agreement and
* fails to return it within five business days *after* a demand letter
is presumed to have *knowingly* converted the property.
The demand letter **must** be sent by certified or registered mail *or* overnight delivery, return receipt requested.
105
Under Georgia law, what is required to apply the **mistake of fact** defense?
A mistake of fact is a defense if the fact, if true, would have justified the act or omission.
106
Under Georgia law, under what circumstances is **theft** a misdemeanor?
If the teft is under one of these categories:
* Worth more than $1,500
* Anhydrous ammonia
* A destructive device, explosive, or firearm
* A grave maker, monument, or memorial to one or more deceased persons, or an ornament thereon
* A vehicle engaged in the commerical transportation of cargo
* Taken by a fiduciary in breach of a fiduciary obligation
* Taken by an officer of a government or a financial institution in breach of her duties
* Worth more than $500 and the victim was 65 years of age or older
107
Under Georgia law, what are the elements of **aggravated battery**?
Aggrevated battery occurs when a person maliciously causes bodily harm to another by
* Depriving him of a member of his body,
* Rendering a member of his body useless, *or*
* Seriously disfiguring a member of his body.
108
Under Georgia law, what are the elements of **statutory rape**?
A person commits statutory rape if he *or she* engages in sexual intercourse with a person *younger than 16 years of age* who is not *his or her* spouse.
109
What is the punishment for a conspiracy?
* *If* the conspiracy was to commit a felony, the conspirator **must** be punished by imprisonment for not less than one year, but no more than 1/2 the maximum time for the crime they conspired to commit. The conspirator can *also* be fined 1/2 the maximum fine for the crime they conspired to commit.
* *If* the conspiracy was to commit a misdemeanor, the conspirator is subject to the punishment prescribed for that misdeameanor.
* *If* the crime involves *a controlled substance*, then the conspirator can be punished up to the maximum prescribed punishment for the conspired crime.
110
Under Georgia law, what are the elements of **fourth degree forgery**?
* Makes, alters, possesses, utters, or delivers a check for less than $1500, **or** possesses **fewer than ten** checks written without a specific amount.
* In a fictitious name or in such a manner that the checks as made or altered purport to have been made by another person, at another time, with different provision, or by authroity of one who did not give such authority.
111
Under Georgia law, what are the elements for **Theft of Services**?
When, by deception and with intent to avoid payment, a person knowingly obtains services, accomodations, entertainment, or the use of personal property that is available only for compensation.
It is also illegal to avoid, attempt to avoid, or cause another to avoid lawful charges for any telecommunication service (e.g., telephone or cable television).
112
Under Georgia law, what are the elements of **false swearing**?
False swearing occurs when a person *knowingly* and *willfully* makes a false statement *outside* a judicial proceeding
* After being administered a lawful oath or affirmation, *or*
* In a document that purports to be an acknowledgement or a lawful oath or affirmation.
113
Under Georgia law, when will aggravated assaul support a felony-murder conviction?
Georgia allows aggravated assault, *when done with malice*, to support a felony-murder conviction. Without malice, the aggravated assualt leads *only* to a voluntary manslaughter.
114
Under Georgia law, what is the crime of "feticide"?
It is a felony to willfully cause the death of an unborn child by any injury to the mother that would be murder if it resulted in the death of the mother.
It is also a felony if the death of the unborn child is caused during the commission of a felony.
115
Under Georgia law, what punishment is available for kidnapping?
* If* the victim was 14 years of age or old, kidnapping is punishable by 10 to 20 years in prison.
* If* the victim was under 14 years of age, kidnapping is punishable by life in prison or a split sentence of 25 years followed by probation for life.
* If* ransom was involved or the victim was injured, the punishment *is* life imprisonment *or* the death penalty.
116
Under Georgia law, what are the elements of **simple assault**?
Simple assault occurs when a person **attempts** to commit a *violent* injury to another's person *or* does something to put another person in **reasonable apprehension** of receiving a violent injury.
117
Under Georgia law, what are the elements of **reckless conduct**?
Reckless conduct occurs when a person
* Causes bodily harm to or endangers another's bodily safety, or
* Has knowledge of being infected with HIV and engages in *any* sexual act without disclosing the infection to the other person.
118
Under Georgia law regardin kidnapping, when is a movement not "merely incidental"?
Movement is **not**"merely incidental" if it:
* Conceals or isolates the victim,
* Makes the commission of the other offense substantially easier,
* Lessens the risk of detection, or
* Is for avoiding apprehension.
119
Under Georgia law, may a defendant be convicted for felony-murder due to the death of a co-felon?
In Georgia, a defendant may be convicted of felony murder when a co-conspirator is killed by a victim of the underlying felony. To be liable, the defendant's conduct in the commission of the underlying felony must proximately cause the death of the other person. Proximate cause exists when the felony the defendant committed directly and materially contributed to the happening of the subsequent death.
120
Under Georgia law, is their an exception for assisted suicide?
No. In Georgia, any person who knowingly and willfuly assists a person in the commission of suicide, with actual knowledge that a person intends to commit suicide, is guilty of a felony.
121
Under Georgia law, what are the elements of **Identity Fraud**?
When he or she *willfuly* and *fraudulently*
* Uses or possesses identifying information about a person without consent, with the intent to fraudulently use the information
* Uses identifying information of an individual under 18 years old within his custody
* Uses or possesses identifying information about a deceased individual with the intent to fraudulently use the information
* Creates, uses, or possesses with the intent to fraudulently use any counterfeit or fictitious indentifying information for the purpose of committing or facilitatin the commission of a crime or fraud on another person, or
* Creates, uses, or possesses with the intent to fraudulently use any counterfeit or fictitious identifying information about a real person, without consent, with the intent to use the information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
122
Under Georgia law, what is criminal conduct?
Conduct is criminal only if it has been made criminal by statute.
123
Under Georgia law, what are the elements of **giving shelter to prostitution**?
It is a felony to knowingly grant or permit the use of any place that would offer seclusion or shelter for prostitution.
124
Under Georgia law, what are the elements of **first degree forgery**?
**Second-degree forgery** is *elevated* to first-degree forgery *if* the person utters or delivers the writing.
125
What is the presumption under Georgia law if a homicide victim's body is found within Georgia?
Should a homicide victim's body be found in Georgia, it will be presumed that the homicide occurred in Georgia. O.C.G.A. § 17-2-1.
126
Under Georgia law, what are the elements of **first-degree criminal damage to property**?
When a person *knowingly* and *without authority*
* Interferes with *any* property in a manner that endagers human life, or
* By force or violence interferes witht eh operation of *any* **public utility service**.
127
Under Georgia law, what are an aggressor's right to self defense?
Self-defense is not justified if the person using force:
* Initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm upon the assailant,
* Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony, or
* Was the aggressor or was engaged in a combat by agreement, **unless** he withdraws from the encounter **and** effectively communicates to the other person his intent to do so and the other continues or threatens to continue the use of unlawful force.
128
Under Georgia law, what are defenses to use of deadly force?
Deadly force can *only* be used if the person reasonably believes it is necessary to prevent
* death or great bodily injury, or
* the commission of a forcible felony.
This immunity disappear *if* the deadly force involves an unlawfully carried or possessed weapon.
129
Under Georgia law, what is the minimum age for conviction?
13 years old measured at the time of the crime. O.C.G.A. § 16-3-1.
130
Under Georgia law, what are the elements of **third degree forgery**?
A **fourth-degree forgery** is *evelated* to third-degree forgery *if* the check is for **$1500 or more**, **or** if the person possesses **ten or more** checks written without a specific amount.
131
Under Georgia law, what is necessary to establish a conncetion between a felon and a third-party (bystander)'s death?
Georgia is a proximate-cause theory state. Under the proximate-cause theory, liablity for the bystander's death may attach to the felon because the death is a *direct consequence* of the felony.
132
Under Georgia law, idenity fraud merges into what types of crimes?
None.
133
Under Georgia law, what are the elements of **second-degree arson**?
Second degree arson occurs when the vehicle, building, or structure is **not** a dwelling.
134
Under Georgia law, what presumption exist regarding a person's intent? Is it rebuttable?
In Georgia, a rebuttable presumption exists that the acts of a person of sound mind are the acts of that person’s will, and that she intends the natural and probable consequences of her acts. O.C.G.A. §§ 16-2-4 & 16-2-5.
135
Under Georgia law, is it considered idenity fraud to gain access to goods or services limited by age constrains using a false indentification?
No. O.C.G.A. § 16-9-121(d).
136
Under Georgia law, what are the elements of **simple battery**?
Simple battery occurs when a defendant
* Makes physical contact of an insulting *or* provoking nature with another person, **or**
* Physically harms another.
137
Under Georgia law, what meets "Involuntary Manslaughter" causation requirement?
(1) An unlawful act *other than* a felony; or
(2) A lawful act in an unlawful manner that is likely to cause death or great bodily harm.
138
Under Georgia law, what are the elements for **shoplifting**?
When a person intends to take merchandise from a store or retail establishment without paying for it **or** intends to deprive the owner of the value of it, **and**:
* Conceals or takes possession of the goods or merchandise
* Alters the price on goods or merchandise
* Transfers the goods or merchandise from one container to another
* Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise
* Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise
139
Under Georgia law, what is required to use the "Insanity" defense?
In Georgia, a defendant can be found not guilty if he did not have the mental capacity to distinguish between right and wrong when he committed the crime, or if he has a disease, injury, or congenital deficiency that caused him to commit the crime because of a delusional compulsion that overpowered his will to resist committing the crime. The delusion must relate to a fact that, if true, would have justified the defendant’s actions.
140
Under Georgia law, what may be considered "knowingly and willfully obstruction of a law enforcement officer"?
Obstructing the apprehension or punishment of a criminal when the obstructer knows or believes the criminal just committed a felony or escaped from prison, and the obstructer either hides the criminal or conceals or destroys the evidence. O.C.G.A. § 16-10-50. Knowingly help another escape custody or confinement. O.C.G.A. § 16-10-53.
141
Under Georgia law, may statutory rape be supported with *only* the victim's testimony?
No. Corroborating evidence must fairly tend to prove that the crime was committed and that the defendant committed it.
It *need not* include eyewitness testimony or extend to everything that was said or done, but the character and quality must be such that it tends to prove guilt of the accused by connecting him or her with the crime.
142
Under Georgia law, what are the elements of **robbery**?
Robbery occurs when, with the intent to commit theft, a person takes another's property from her person or her immediate precsence by force, intimidation, coercion, "sudden snatching," or by placing her in fear of immediate serious bodily injury to herself or another.
143
Under Georgia law, when can voluntary intoxication serve as a defense?
Voluntary intoxication is not a defense to any crime in Georgia UNLESS the intoxication "resulted in the alteration of brain function so as to negate intent." The alteration must be more than temporary. O.C.G.A. § 16-3-4(c).
144
Under Georgia law, can a defendant be prosecuted for a crime **and** its lesser-included offenses?
A prosecutor is **required** to prosecute all crimes arising from the same facts in one case, if those crimes are *known* and in the jurisdiction of the same court.
The defendant can *only* be convicted of one crime. When a defendant is convicted of the lesser-included offense *and* the more serious crime, the lesser-included offeses **merge** into the greater crime.
145
Under Georgia law, what are the elements of **first-degree** **arson**?
First degree arson occurs when
* The building is a dwelling, during the commission of a felony, **or**
* When it is reasonably foreseeable that human life might be endangered.
146
Under Georgia law, who is considered a "party to a crime"?
Georgia considers everyone "concerned in the commission of a crime" to be parties to the crime. That includes anyone who: (1) Directly commits the crime; (2) Intentionally causes another person to commit the crime, even when the other person is not guilty of the crime either in fact or because of legal incapacity; (3) Intentionally aids or abets in the commission of the crime; or (4) Intentionally advises, encourages, hires, counsels, or procures another to commit the crime. O.C.G.A. § 16-2-20.
147
Under Georgia law, when is a person otherwise not guilty of theft by deception?
If the falsehoods have no pecuniary significance or if he exaggerates by statements that are unlikely to deceive ordinary persons in the group addressed.
148
Under Georgia law, what are the elements of **second degree forgery**?
When a person, with the intent to defraud, knowingly
* Makes, alters, or possesses any writing *other than* a check
* In a fictious name or in a manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give authority.
149
Under Georgia law, when may one use force to defend property?
A person can use force to prevent or terminate another person's unlawful entry into or attack upon **a habitation** if
* The entry is made or attempted in a violent and tumultuous manner and he reasonably believes that the entry is attempted or made to assault or offer personal violence to any person inside and that force is necessary to prevent the assault or offer of personal violence,
* Force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters the residence and the person using force knew or had reason to believe that an unlawful and forcible entry occurred, or
* The person using force reasonably believes that the entry is made or attempted for committing a felony therein and that force is necessary to prevent the commission of the felony.
150
Under Georgia law, what is the punishment for armed robbery?
* Death,
* Imprisonment for life
* Imprionment for 10 to 20 years.
If a person commits armed robbery by taking a controlled substance from a pharmacy or wholesale druggist and intentionally inflicts bodily injury on anyone, the punishment is imprisonment for at least 15 years.
151
Under what circumstances does Georgia possess jurisdiction in a criminal action?
Georgia will prosecute any individual who: (1) Commits a crime wholly or partially within the state; (2) Engages in conduct outside of Georgia that "constitutes an attempt commit a crime" in Georgia; or (3) Engages in conduct in Georgia that "constitutes an attempt to commit a crime in another jurisdiction," if that crime is a crime both in that jurisdiction and Georgia.
152
Under Georgia law, what are the elements of **misdemenor criminal trespass**?
* Intentionally damages any property of another without the other’s consent and the damage is $500 or less;
* Knowingly and maliciously interferes with the possession or use of another’s property without that person’s consent;
* Knowingly and without authority enters another’s land, vehicle, railroad car, aircraft, or watercraft for an unlawful purpose;
* Knowingly and without authority enters another’s land, vehicle, railroad car, aircraft, or watercraft when the defendant previously received from the owner or an authorized representative that he was not to enter the property;
* Knowingly and without authority remains on another’s land, vehicle, railroad car, aircraft, or watercraft when the defendant has received notice to depart or that his entry is forbidden;
* Intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to deceased persons who served in the military; or
* Intentionally defaces, mutilates, or defiles any monument, plaque, marker, or memorial dedicated to honoring those who have served in the military.
153
Under Georgia law, can a defendant be convicted of both "malice murder" and "felony-murder"?
Yes, as both charges include an element the other is missing. Nevertheless, if there is a single victim, the defendant can be sentenced on either charge, but not both. If the defendant is sentenced for malice murder, he may also be sentenced for the underlying felony that was the basis of the felony-murder conviction.
154
Under Georgia law, what are the elements of **battery**?
A defendant is guilty of battery when he or she intentionally causes **substantial** physical harm *or* **visible** bodily harm to another.
155
Under Georgia law, what are the elements of **first degree burglary**?
First degree burglary requires the defendant to
* enter or remain in a structure designed for use as a dwelling
* with the intent to commit a felony or theft therein
* regardless of whether the structure is occupied at the time.
156
Under Georgia law, what are defenses to theft?
A defendant may affirmatively defendant himself or herself by asserting he or she
* Was unaware the proeprty or service belonged to another
* Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did, or
* Took property or a service for sale with the intent to purchase and pay for it promptly or reasonably believing the owner, if present, would have consented.
157
Under Georgia law, what are the elements of **rape**?
Rape occurs when a person has "carnal knowledge" of
* A woman, forcibly and against her will, *or*
* *Any* female younger than 10 years old.
158
Under Georgia law, what are the elements of **second-degree criminal damage to property**?
When a person
* Intentionally damages the property of another without consent, causing damages exceeding $500, or
* Recklessly or intentionally damages the property of another by means of fire or explosives.
159
Under Georgia law, when will feticide be reduced to voluntary manslaughter?
Feticide may be reduced to voluntary manslaughter of an unborn child if the death took place in the heat of passion.
160
Under Georgia law, what is the distinction for concealing the death of another person?
In Georgia, it is a felony to conceal another's death in a way that hinders discovery of whether the person was unlawfully killed. O.C.G.A. § 16-10-31.
161
Under Georgia law, when is involuntary intoxication a defense?
Involuntary intoxication is a defense if it caused the person to be unable to distinguish between right and wrong. O.C.G.A. § 16-3-4.
162
Under Georgia law, what is the potential punishments for an aggrevated battery, battery, and simple battery?
Simple battery is *always* a misdemeanor.
Battery *generally* is a misdemeanor, **but** it may also be felony if
* It is the defendant's third conviction *against the same victim*, **or**
* It is the defendant's second offense *against a family member*.
Any aggregravted battery is *always* a felony.
163
Under Georgia law, is an **overt act** required for a conspiracy charge?
Yes.
The conspiracy crime is not copleted **until** an overt act is performed in furtherance of the conspiracy. The overt act *can* be performed by any co-conspirator with or without the knowledge of *all* co-conspirators. The overt act can be lawful or unlawful.
164
Under Georgia law, what are the elements of **bribery** as it pertains to the government agent?
Bribery is a felony.
It is also bribery when a public official or an employee of the state, county, municipality, or any agency, authority, or entity:
* Directly or indirectly solicits, receives, accepts, or agrees
* to recieve a thing of value
* by inducing the reasonable belief that the giving of the thing will influence his performance or failure to perform any official action.
165
Under Georgia law, what is required to "compound" a crime?
Compounding a crime occurs when a person accepts or agrees to accept any benefit in consideration of a promise not to prosecute or assist with the prosecution of the crime. In Georgia, compounding is a felony if the underlying crime is a felony and a misdemeanor if the underlying crime is a misdemeanor.
166
What level of crime is each degree of forgery?
* Fourth-degree forgery is a misdemeanor.
* Third-degree forgery is a felony.
* Second-degree forgery is a felony.
* First-degree forgery is a felony.
167
Under Georgia law, what are the elements of **an aggravated simple battery**?
Simple battery is aggravated when it is committed against:
* A person 65 years of age or older;
* A female who is pregnant at the time of the offense;
* Anyone in a public transit vehicle or station;
* A police officer, law enforcement dog, correction officer, or detention officer carrying out official duties;
* A family member;
* An employee of a public school system while the person is engaged in official school duties or on school property; or
* Someone admitted to a long-term-care facility, assisted living community, home health, or hospice facility by an employee, agent, or volunteer of the facility.
168
Under Georgia law, what is the crime of "Second-Degree Murder"?
In Georgia, a person who causes the death of another person during the commission of cruelty to children in the second degree commits second-degree murder. Malice is *not* an element of the office. The punishment is ten to thirty years in prison.
169
Under Georgia law, what is the legal effective of the General Assembly repealing a criminal statute?
The repeal of a criminal law has no effect on the legality of an act or omission that occurred before the effective date of repeal.
170
Under Georgia law, what are the elements of **solicitation**?
Georgia requires the solicitor attempt to cause another to commit a **felony**. The solicitor cannot defend against the charge by arguing the person solicited could not be guilty of the crime that was solicited.
171
Under Georgia law, is **legal impossibilty** as a defense to attempt?
No, Georgia law does not recognize factual or legal impossiblity as a defense to an attempt charge.
172
Under Georgia law, what are the elements of **pimping**?
It is a felony to pimp a person between the ages of 16 and 18.
It is a felony for a person to
* solicit a person between 16 and 18 years of age to perform an act of prostitution on his or her own behalf or on behalf of another person, *or*
* knowingly assemble persons between 16 and 18 years of age for the purpose of being solicited by others to perform acts of prostitution.
