Criminal Attempt, Conspiracy and Solicitation - Title 16 Chapter 4

Question 1

§ 16-4-1 (Criminal Attempt)

Answer 1

> Person tries to commit a crime but doesn’t fully complete it.

> The person must have the intent to commit the crime

> Take a substantial step toward its commission, even if they don’t succeed.

Question 2

§ 16-4-2 (Criminal Attempt Conviction lawful though crime was committed)

Answer 2

> 2 or more people to agree to commit a crime and take steps to carry out that plan, even if the crime isn’t completed

> may not be convicted of both the criminal attempt and the completed crime.

Question 3

§ 16-4-4 (Impossibility as a defense)

Answer 3

Impossibility is not a valid defense in Georgia; the person can be guilty of attempting the crime even if it couldn’t have been completed.

Question 4

§ 16-4-5 (Abandonment of effort to commit a crime as an affirmative defense)

Answer 4

> Abandonment as a defense

Person must voluntarily give up to commit the crime, and their abandonment is not due to external factor, they may avoid criminal liability

Question 5

16-4-6 (Penalties for criminal attempt)

Answer 5

> A person convicted of attempting a crime punishable by death or life imprisonment will be sentenced to 1 to 30 years in prison.

> A person convicted of attempting a misdemeanor will be punished as if they committed the misdemeanor.

Question 6

16-4-7 (Criminal solicitation)

Answer 6

A person commits criminal solicitation when they intentionally ask, urge, or try to get someone else to commit a felony.

Question 7

16-4-7 (Criminal solicitation)

A person convicted of criminal solicitation to commit a felony faces ___ to ____ years in prison.

Answer 7

1 to 3 years in prison

Question 8

16-4-7 (Criminal solicitation)

For solicitation of a crime punishable by death or life imprisonment, the sentence is ___ to ___ years.

Answer 8

1 to 5 years

Question 9

What is the punishment for § 16-4-8 (Conspiracy to Commit a Crime)

Answer 9

> A person convicted of criminal conspiracy to commit a felony will be sentenced to 1 year to half the maximum prison term for the felony they conspired to commit.

> A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor.

Question 10

§ 16-4-8 (Conspiracy to Commit a Crime)

Answer 10

> Makes it a crime for two or more people to agree to commit a crime and take steps toward carrying it out.

> Even if the crime is not completed, the conspiracy itself is punishable.