Criminal Law Flashcards

Felony

a crime punishable by death, by imprisonment for life, or by
imprisonment for more than 12 months.

crime

a violation of a statute of this state in which there is a joint
operation of an act or omission to act and intention or criminal negligence.

Alibi as a Defense (O.C.G.A. 16-3-40)

involves the impossibility of the accused's presence at the scene of
the offense at the time of its commission. The range of the evidence
in respect to time and place must be such as reasonably to exclude the
possibility of presence

Entrapment (O.C.G.A. 16-3-25)

when his conduct is induced or solicited by a government officer or
employee, or agent of either, for the purpose of obtaining evidence to
be used in prosecuting the person for commission of the crime. It
exists where the idea and intention of the commission of the crime
originated with a government officer or employee, or with an agent of
either, and he, by undue persuasion, incitement, or deceitful means,
induced the accused to commit the act which the accused would not have
committed except for the conduct of such officer

Criminal Attempt (O.C.G.A. 16-4-1)

with intent to commit a specific crime, he performs an act which
constitute a substantial step toward the commission of that crime
(Charged with aggravated assault)

Charge of Commission of Crime as Including Criminal Attempt (O.C.G.A. 16-4-3)

person may be convicted of the offense of criminal attempt as to that
crime without being specifically charged with the criminal attempt in
the accusation, indictment, or presentment.

Criminal Solicitation (O.C.G.A. 16-4-7)

with intent that another person engages in conduct constituting a
felony, he solicits, requests, commands, importunes, or otherwise
attempts to cause the other person to engage in such conduct (felony)

Conspiracy to Commit a Crime (O.C.G.A. 16-4-8)

when he together with one or more persons conspires to commit any
crime and any one or more of such persons does any overt act to effect
the object of the conspiracy.

Murder; felony murder (O.C.G.A. 16-5-1)

when he unlawfully and with malice aforethought, either express or
implied, causes the death of another human being, in the commission of
a felony(capital), he or she causes the death of another human being
irrespective of malice, murder in the second degree when, in the
commission of cruelty to the children in the second degree, he or she
causes the death of another human being irrespective of malice
(noncapital murder)

Voluntary manslaughter (O.C.G.A. 16-5-2)

when he causes the death of another human being under circumstances
which would otherwise be murder and if he acts solely as the result of
a sudden, violent, and irresistible passion resulting from serious
provocation sufficient to excite such passion in a reasonable person;
however, if there should have been an interval between the provocation
and the killing sufficient for the voice of reason and humanity to be
heard, of which the jury in all cases shall be the judge, the killing
shall be attributed to deliberate revenge and be punished as murder

Involuntary manslaughter (O.C.G.A. 16-5-3)

he causes the death of another human being without any intention to
do so by the commission of an unlawful act other than a felony

Simple assault (O.C.G.A. 16-5-20)

Attempts to commit a violent injury to the person of another; or
commits an act which places another in reasonable apprehension of
immediately receiving a violent injury(misdemeanor)

Aggravated assault (O.C.G.A. 16-5-21)

Intent to murder, to rape, or to rob, with a deadly weapon or with an
object, device, or instrument which, when used offensively against a
person, or actually result in serious bodily injury with any object,
device, or instrument, which, when used offensively against a person,
is likely to or actually does result in serious bodily injury; a
person without legal justification by discharging a firearm from
within a motor vehicle toward a person(felony)

Conviction of assault with intent to commit a crime if intended crime
actually committed (O.C.G.A. 16-5-22)

A person may be convicted of the offense of assault with intent to
commit a crime if the crime intended was actually committed as a
result of the assault but may not be convicted of both the assault and
completed crime.

Simple battery (O.C.G.A. 16-5-23)

Intentionally physical contact and intentionally causes physical harm
to another (misdemeanor)

Battery (O.C.G.A. 16-5-23.1)

Intentionally causes substantial physical harm or visible bodily harm
to another (felony after 2 batteries)

Aggravated battery (O.C.G.A. 16-5-24)

Maliciously causes bodily harm to another by depriving him or her of
a member of his or her body, by rendering a member of his or her body
useless, or by seriously disfiguring his or her body or a member thereof(felony)

Disorderly Conduct (16-11-39)

(1) Acts in a violent or tumultuous manner toward another person
whereby such person is placed in reasonable fear of the safety of such
person's life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person
whereby the property of such person is placed in danger of being
damaged or destroyed;

Kidnapping (O.C.G.A. 16-5-40)

When such person abducts or steals away another person without lawful
authority or warrant and holds such other person against his or her
will(felony) slight movement

False imprisonment (O.C.G.A. 16-5-41)

When in violation of the personal liberty of another, he arrests,
confines, or detains such person without legal authority (felony)

Motor Vehicle High jacking (O.C.G.A. 16-5-44.1)

when such person while in possession of a firearm or weapon obtains a
motor vehicle from the person or presence of another by force and
violence or intimidation or attempts or conspires to do so.

Interference with custody (O.C.G.A. 16-5-45)

(A) Knowingly or recklessly takes or entices any child or committed
person away from the individual who has lawful custody of such child
or committed person;(B) Knowingly harbors any child or committed
person who has absconded; or(C) Intentionally and willfully
retains possession within this state of the child or committed person
upon the expiration of a lawful period of visitation with the child or
committed person. (Misdemeanor)

Reckless conduct causing harm to or endangering the bodily safety of
another; conduct by HIV infected persons (O.C.G.A. 16-5-60)

(b) A person who causes bodily harm to or endangers the bodily safety
of another person by consciously disregarding a substantial and
unjustifiable risk that his act or omission will cause harm or
endanger the safety of the other person and the disregard constitutes
a gross deviation from the standard of care which a reasonable person
would exercise in the situation is guilty of a misdemeanor.
(c) A person who is an HIV infected person who, after obtaining
knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or
submits to any sexual act involving the sex organs of one person and
the mouth or anus of another person and the HIV infected person does
not disclose to the other person the fact of that infected person's
being an HIV infected person prior to that intercourse or sexual act;

Cruelty to children (O.C.G.A. 16-5-70)

(a) A parent, guardian, or other person supervising the welfare of or
having immediate charge or custody of a child under the age of 18
commits the offense when such person willfully deprives the child of
necessary sustenance to the extent that the child's health or
well-being is jeopardized.

Reckless Abandonment (O.C.G.A. 16-5-72)

(a) A parent, guardian, or other person supervising the welfare of or
having immediate charge or custody of a child under the age of one
year commits the offense when the person willfully and voluntarily
physically abandons such child with the intention of severing all
parental or custodial duties and responsibilities to such child and
leaving such child in a condition which results in the death of said child.

Stalking (O.C.G.A. 16-5-90)

A person commits the offense when he or she follows, places under
surveillance, or contacts another person at or about a place or places
without the consent of the other person for the purpose of harassing
and intimidating the other person. (1st misdemeanor 2nd felony)

Aggravated Stalking (O.C.G.A. 16-5-91)

when such person, in violation of a bond to keep the peace posted
pursuant to Code Section 17-6-110, temporary restraining order,
temporary protective order, permanent restraining order, permanent
protective order, preliminary injunction, good behavior bond, or
permanent injunction or condition of pretrial release, condition of
probation, or condition of parole in effect prohibiting the behavior
described in this subsection, follows, places under surveillance, or
contacts another person at or about a place or places without the
consent of the other person for the purpose of harassing and
intimidating the other person.(felony)

Exceptions (O.C.G.A. 16-5-92)

The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply
to persons engaged in activities protected by the Constitution of the
United States or of this state or to persons or employees of such
persons lawfully engaged in bona fide business activity or lawfully
engaged in the practice of a profession.

Rape (O.C.G.A. 16-6-1)

(a) A person commits the offense when he has carnal knowledge
of:(1) A female forcibly and against her will; or(2) A
female who is less than ten years of age.Carnal knowledge it
occurs when there is any penetration of the female sex organ by the
male sex The fact that the person allegedly raped is the wife of the
defendant shall not be a defense to a charge of rape, Sodomy;
Aggravated Sodomy (O.C.G.A. 16-6-2) (Felony)

Statutory Rape (O.C.G.A. 16-6-3)

(a) A person commits the offense when he or she engages in sexual
intercourse with any person under the age of 16 years and not his or
her spouse, provided that no conviction shall be had for this offense
on the unsupported testimony of the victim. (felony)

Child Molestation; Aggravated Child Molestation (O.C.G.A. 16-6-4)

(a) A person commits the offense when such person:(1) 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 or the person; or(2) By means
of an electronic device, transmits images of a person engaging in,
inducing, or otherwise participating in any immoral or indecent act to
a child under the age of 16 years with the intent to arouse or satisfy
the sexual desires of either the child or the person.(2) A
person convicted of the offense when:Physical injures the child
or involves an act of sodomy(A) The victim is at least 13 but
less than 16 years of age;(B) The person convicted is 18 years
of age or younger and is no more than four years older than the victim

Enticing a Child for Indecent Purposes (O.C.G.A. 16-6-5)

(a) A person commits the offense when he or she solicits, entices, or
takes any child under the age of 16 years to any place whatsoever for
the purpose of child molestation or indecent acts.

Bestiality (O.C.G.A. 16-6-6)

(a) A person commits the offense when he performs or submits to any
sexual act with an animal involving the sex organs of the one and the
mouth, anus, penis, or vagina of the other.

Necrophilia (O.C.G.A. 16-6-7)

(a) A person commits the offense when he performs any sexual act with
a dead human body involving the sex organs of the one and the mouth,
anus, penis, or vagina of the other.

Public Indecency (O.C.G.A. 16-6-8)

(a) A person commits the offense when he or she performs any of the
following acts in a public place:(1) An act of sexual
intercourse;(2) A lewd exposure of the sexual organs;(3) A
lewd appearance in a state of partial or complete nudity; or(4)
A lewd caress or indecent fondling of the body of another person.

Prostitution (O.C.G.A. 16-6-9)

when he or she performs or offers or consents to perform a sexual
act, including but not limited to sexual intercourse or sodomy, for
money or other items of value.

Pimping (O.C.G.A. 16-6-11)

A person commits the offense when he or she performs any of the
following acts:(1) Offers or agrees to procure a prostitute for
another;(2) Offers or agrees to arrange a meeting of persons for
the purpose of prostitution;(3) Directs or transports another
person to a place when he or she knows or should know that the
direction or transportation is for the purpose of
prostitution;(4) Receives money or other thing of value from a
prostitute, without lawful consideration, knowing it was earned in
whole or in part from prostitution; or(5) Aids or abets,
counsels, or commands another in the commission of prostitution or
aids or assists in prostitution where the proceeds or profits derived
therefrom are to be divided on a pro rata basis.

Pandering (O.C.G.A. 16-6-12)

A person commits the offense when he or she solicits a person to
perform an act of prostitution in his or her own behalf or in behalf
of a third person or when he or she knowingly assembles persons at a
fixed place for the purpose of being solicited by others to perform an
act of prostitution (charge against the customer)

Pandering by Compulsion (O.C.G.A. 16-6-14)

when he or she by duress or coercion causes a person to perform an
act of prostitution and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years.

Solicitation of Sodomy (O.C.G.A. 16-6-15)

A person commits the offense when he solicits another to perform or
submit to an act of sodomy.

Masturbation for Hire (O.C.G.A. 16-6-16)

(a) A person, including a masseur or masseuse, commits the offense
when he erotically stimulates the genital organs of another, whether
resulting in orgasm or not, by manual or other bodily contact
exclusive of sexual intercourse or by instrumental manipulation for
money or the substantial equivalent thereof.

Fornication (O.C.G.A. 16-6-18)

An unmarried person commits the offense when he voluntarily has
sexual intercourse with another person and, upon conviction thereof,
shall be punished as for a misdemeanor.

Adultery (O.C.G.A. 16-6-19)

A married person commits the offense when he voluntarily has sexual
intercourse with a person other than his spouse and, upon conviction
thereof, shall be punished as for a misdemeanor.

Bigamy (O.C.G.A. 16-6-20)

(a) A person commits the offense when he, being married and knowing
that his lawful spouse is living, marries another person or carries on
a bigamous cohabitation with another person.

Sexual Battery (O.C.G.A. 16-6-22.1)

(a) For the purposes of this Code section, the term "intimate
parts" means the primary genital area, anus, groin, inner thighs,
or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense when he or she intentionally makes
physical contact with the intimate parts of the body of another person
without the consent of that person.

Aggravated Sexual Battery (O.C.G.A. 16-6-22.2)

(a) For the purposes of this Code section, the term "foreign
object" means any article or instrument other than the sexual
organ of a person.
(b) A person commits the offense when he or she intentionally
penetrates with a foreign object the sexual organ or anus of another
person without the consent of that person.
(c) A person convicted shall be punished by imprisonment for life or
by a split sentence that is a term of imprisonment for not less than
25 years and not exceeding life imprisonment, followed by probation
for life, and shall be subject to the sentencing and punishment
provisions of Code Sections 17-10-6.1 and 17-10-7.

Publication of Name or Identity of a Female Raped or Assaulted with
Intent to Commit Rape (O.C.G.A. 16-6-23)

a) It shall be unlawful for any news media or any other person to
print and publish, broadcast, televise, or disseminate through any
other medium of public dissemination or cause to be printed and
published, broadcast, televised, or disseminated in any newspaper,
magazine, periodical, or other publication published in this state or
through any radio or television broadcast originating in the state the
name or identity of any female who may have been raped or upon whom an
assault with intent to commit the offense of rape may have been made.
(b) This Code section does not apply to truthful information
disclosed in public court documents open to public inspection.

Burglary (O.C.G.A. 16-7-1)

(a) A person commits the offense when, without authority and with the
intent to commit a felony or theft therein, he enters or remains
within the dwelling house of another or any building, vehicle,
railroad car, watercraft, or other such structure designed for use as
the dwelling of another or enters or remains within any other
building, railroad car, aircraft, or any room or any part thereof. A
person convicted of the offense of burglary, for the first such
offense, shall be punished by imprisonment for not less than one nor
more than 20 years. For the purposes of this Code section, the term
"railroad car" shall also include trailers on flatcars,
containers on flatcars, trailers on railroad property, or containers
on railroad property.
A person commits the offense of burglary in the second degree when,
without authority and with the intent to commit a felony or theft
therein, he or she enters or remains within an occupied, unoccupied,
or vacant building, structure, vehicle, railroad car, watercraft, or aircraft.

Possession of tools for the commission of crime (O.C.G.A. 16-7-20)

(a) A person commits the offense when he has in his possession any
tool, explosive, or other device commonly used in the commission of
burglary, theft, or other crime with the intent to make use .

Criminal trespass (O.C.G.A. 16-7-21)

(a) A person commits the offense when he or she intentionally damages
any property of another without consent of that other person and the
damage thereto is $500.00 or less or knowingly and maliciously
interferes with the possession or use of the property of another
person without consent of that person.(b) A person commits the
offense of criminal (intrusion) trespass when he or she knowingly and
without authority:

Criminal damage to property in the first degree (O.C.G.A. 16-7-22)

(a) A person commits the offense when he:(1) Knowingly and
without authority interferes with any property in a manner so as to
endanger human life; or(2) Knowingly and without authority and
by force or violence interferes with the operation of any system of
public communication, public transportation, sewerage, drainage, water
supply, gas, power, or other public utility service or with any
constituent property thereof.(b) A person convicted of the
offense shall be punished by imprisonment for not less than one nor
more than ten years.

Criminal damage to property in the second degree (O.C.G.A. 16-7-23)

(a) A person commits the offense when he:(1) Intentionally
damages any property of another person without his consent and the
damage thereto exceeds $500.00; or(2) Recklessly or
intentionally, by means of fire or explosive, damages property of
another person.(b) A person convicted of the offense of criminal
damage to property in the second degree shall be punished by
imprisonment for not less than one nor more than five years.

Interference with government property (O.C.G.A. 16-7-24)

(a) A person commits the offense when he destroys, damages, or
defaces government property and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than five
years.(b) A person commits the offense when he forcibly
interferes with or obstructs the passage into or from government
property and, upon conviction thereof, shall be punished as for a misdemeanor.

Vandalism to a place of worship (O.C.G.A. 16-7-26)

(b) A person convicted of the offense of vandalism to a place of
worship shall be punished by imprisonment for not less than one nor
more than five years.

Arson in the first degree (O.C.G.A. 16-7-60)

(a) A person commits the offense when, by means of fire or explosive,
he or she knowingly damages or knowingly causes, aids, abets, advises,
encourages, hires, counsels, or procures another to damage:
(1) Any dwelling house of another without his or her consent or in
which another has a security interest, including but not limited to a
mortgage, a lien, or a conveyance to secure debt, without the consent
of both, whether it is occupied, unoccupied, or vacant;
(2) Any building, vehicle, railroad car, watercraft, or other
structure of another without his or her consent or in which another
has a security interest, including but not limited to a mortgage, a
lien, or a conveyance to secure debt, without the consent of both, if
such structure is designed for use as a dwelling, whether it is
occupied, unoccupied, or vacant;
(3) Any dwelling house, building, vehicle, railroad car, watercraft,
aircraft, or other structure whether it is occupied, unoccupied, or
vacant and when such is insured against loss or damage by fire or
explosive and such loss or damage is accomplished without the consent
of both the insurer and the insured;
(4) Any dwelling house, building, vehicle, railroad car, watercraft,
aircraft, or other structure whether it is occupied, unoccupied, or
vacant with the intent to defeat, prejudice, or defraud the rights of
a spouse or co-owner; or
(5) Any building, vehicle, railroad car, watercraft, aircraft, or
other structure under such circumstances that it is reasonably
foreseeable that human life might be endangered.
(b) A person also commits the offense of arson in the first degree
when, in the commission of a felony, by means of fire or explosive, he
or she knowingly damages or knowingly causes, aids, abets, advises,
encourages, hires, counsels, or procures another to damage anything
included or described in subsection (a) of this Code section.

Arson in the second degree (O.C.G.A. 16-7-61)

(a) A person commits the offense as to any building, vehicle,
railroad car, watercraft, aircraft, or other structure not included or
described in Code Section 16-7-60 when, by means of fire or explosive,
he or she knowingly damages or knowingly causes, aids, abets, advises,
encourages, hires, counsels, or procures another to damage any
building, vehicle, railroad car, watercraft, aircraft, or other
structure of another without his or her consent or in which another
has a security interest, including but not limited to a mortgage, a
lien, or a conveyance to secure debt, without the consent of both.
(b) A person also commits the offense of arson in the second degree
as to any building, vehicle, railroad car, watercraft, aircraft, or
other structure not included or described in Code Section 16-7-60
when, in the commission of a felony, by means of fire or explosive, he
or she knowingly damages or knowingly

Arson in the third degree (O.C.G.A. 16-7-62)

(a) A person commits the offense when, by means of fire or explosive,
he or she knowingly damages or knowingly causes, aids, abets, advises,
encourages, hires, counsels, or procures another to damage:
(1) Any personal property of another without his or her consent or
in which another has a security interest, including but not limited to
a lien, without the consent of both and the value of the property is
$25.00 or more;
(2) Any personal property when such is insured against loss or
damage by fire or explosive and the loss or damage is accomplished
without the consent of both the insurer and insured and the value of
the property is $25.00 or more; or
(3) Any personal property with the intent to defeat, prejudice, or
defraud the rights of a spouse or co-owner and the value of the
property is $25.00 or more.
(b) A person also commits the offense of arson in the third degree
when, in the commission of a felony, by means of fire or explosive, he
or she knowingly damages or knowingly causes, aids, abets, advises,
encourages, hires, counsels, or procures another to damage anything
included or described in subsection (a) of this Code section.

Definitions (O.C.G.A. 16-8-1)

(1) "Deprive" means, without justification:(A) To
withhold property of another permanently or temporarily; or(B)
To dispose of the property so as to make it unlikely that the owner
will recover it.

Theft by taking (O.C.G.A. 16-8-2)

A person commits the offense when he unlawfully takes or, being in
lawful possession thereof, unlawfully appropriates any property of
another with the intention of depriving him of the property,
regardless of the manner in which the property is taken or appropriated.

Theft by deception (O.C.G.A. 16-8-3)

(a) A person commits the offense when he obtains property by any
deceitful means or artful practice with the intention of depriving the
owner of the property.(b) if he intentionally: (1) Creates
or confirms another's impression of an existing fact or past event
which is false and which the accused knows or believes to be
false; (2) Fails to correct a false impression of an existing
fact or past event which he has previously created or confirmed;
(3) Prevents another from acquiring information pertinent to the
disposition of the property involved; (4) Sells or otherwise
transfers or encumbers property intentionally failing to disclose a
substantial and valid known lien, adverse claim, or other legal
impediment to the enjoyment of the property, whether such impediment
is or is not a matter of official record; or (5) Promises
performance of services which he does not intend to perform or knows
will not be performed. Evidence of failure to perform standing alone
shall not be sufficient to authorize a conviction under this
subsection.(c) "Deceitful means" and "artful
practice" do not, however, include falsity as to matters having
no pecuniary significance, or exaggeration by statements unlikely to
deceive ordinary persons in the group addressed

Theft by conversion (O.C.G.A. 16-8-4)

(a) A person commits the offense when, having lawfully obtained funds
or other property of another including, but not limited to, leased or
rented personal property, under an agreement or other known legal
obligation to make a specified application of such funds or a
specified disposition of such property, he knowingly converts the
funds or property to his own use in violation of the agreement or
legal obligation. This Code section applies whether the application or
disposition is to be made from the funds or property of another or
from the accused's own funds or property in equivalent amount when the
agreement contemplates that the accused may deal with the funds or
property of another as his own.

Theft of services (O.C.G.A. 16-8-5)

A person commits the offense when by deception and with the intent to
avoid payment he knowingly obtains services, accommodations,
entertainment, or the use of personal property which is available only
for compensation.

Theft of lost or mislaid property (O.C.G.A. 16-8-6)

A person commits the offense when he comes into control of property
that he knows or learns to have been lost or mislaid and appropriates
the property to his own use without first taking reasonable measures
to restore the property to the owner

Theft by receiving stolen property (O.C.G.A. 16-8-7)

(a) A person commits the offense when he receives, disposes of, or
retains stolen property which he knows or should know was stolen
unless the property is received, disposed of, or retained with intent
to restore it to the owner. "Receiving" means acquiring
possession or control or lending on the security of the property.

Venue (O.C.G.A. 16-8-11)

In a prosecution under Code Sections 16-8-2 through 16-8-9 and
16-8-13 through 16-8-15, the crime shall be considered as having been
committed in any county in which the accused exercised control over
the property which was the subject of the theft. In addition, in any
prosecution under Code Section 16-8-4 in which there is a written
rental agreement for personal property, the crime shall also be
considered to have been committed in the county in which the accused
signed the rental agreement.

Punishment: (O.C.G.A. 16-8-12)

(1) If the property which was the subject of the theft exceeded
$1500.00 in value, by imprisonment for not less than one nor more than
ten years or, in the discretion of the trial judge, as for a misdemeanor;

Affirmative defenses to prosecution for violation of O.C.G.A. 16-8-2
through 16-8-7 (O.C.G.A. 16-8-10)

(1) Was unaware that the property or service was that of
another;(2) 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(3) Took property or service exposed for sale intending
to purchase and pay for it promptly or reasonably believing that the
owner, if present, would have consented.

Theft by shoplifting (O.C.G.A. 16-8-14)

(a) A person commits the offense when he alone or in concert with
another person, with the intent of appropriating merchandise to his
own use without paying for the same or to deprive the owner of
possession thereof or of the value thereof, in whole or in part, does
any of the following:(1) Conceals or takes possession of the
goods or merchandise of any store or retail establishment;(2)
Alters the price tag or other price marking on goods or merchandise of
any store or retail establishment;(3) Transfers the goods or
merchandise of any store or retail establishment from one container to
another;(4) Interchanges the label or price tag from one item of
merchandise with a label or price tag for another item of merchandise;
or(5) Wrongfully causes the amount paid to be less than the
merchant's stated price for the merchandise.$500 or less is misdemeanor

Theft by extortion (O.C.G.A. 16-8-16)

(a) A person commits the offense when he unlawfully obtains property
of or from another person by threatening to:(1) Inflict bodily
injury on anyone or commit any other criminal offense;(2) Accuse
anyone of a criminal offense;(3) Disseminate any information
tending to subject any person to hatred, contempt, or ridicule or to
impair his credit or business repute;(4) Take or withhold action
as a public official or cause an official to take or withhold
action;(5) Bring about or continue a strike, boycott, or other
collective unofficial action if the property is not demanded or
received for the benefit of the group in whose interest the actor
purports to act; or(6) Testify or provide information or
withhold testimony or information with respect to another's legal
claim or defense.

Entering an automobile or other motor vehicle with intent to commit
theft or a felony (O.C.G.A. 16-8-18)

If any person shall enter any automobile or other motor vehicle with
the intent to commit a theft or a felony, he shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment
for not less than one nor more than five years, or, in the discretion
of the trial judge, as for a misdemeanor.

Robbery (O.C.G.A. 16-8-40)

(a) A person commits the offense when, with intent to commit theft,
he takes property of another from the person or the immediate presence
of another:(1) By use of force;(2) By intimidation, by the
use of threat or coercion, or by placing such person in fear of
immediate serious bodily injury to himself or to another; or(3)
By sudden snatching.(b) A person convicted of the offense of
robbery shall be punished by imprisonment for not less than one nor
more than 20 years.(c) Notwithstanding any other provision of
this Code section, any person who commits the offense of robbery
against a person who is 65 years of age or older shall, upon
conviction thereof, be punished by imprisonment for not less than five
nor more than 20 years.

Armed robbery (O.C.G.A. 16-8-41)

(a) A person commits the offense when, with intent to commit theft,
he or she takes property of another from the person or the immediate
presence of another by use of an offensive weapon, or any replica,
article, or device having the appearance of such weapon..
(b) A person convicted of the offense shall be punished by death or
imprisonment for life or by imprisonment for not less than ten nor
more than 20 years.(c)(1) The preceding provisions of this Code
section notwithstanding, in any case in which the defendant commits it
and in the course of the commission of the offense such person
unlawfully takes a controlled substance from a pharmacy or a wholesale
druggist and intentionally inflicts bodily injury upon any person,
such facts shall be charged in the indictment or accusation and, if
found to be true by the court or if admitted by the defendant, the
defendant shall be punished by imprisonment for not less than 15 years.

Forgery in the first degree (O.C.G.A. 16-9-1)

(a) A person commits the offense when with intent to defraud he
knowingly makes, alters, or possesses any writing in a fictitious name
or in such 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 such authority and
utters or delivers such writing.
(b) A person convicted of the offense of forgery in the first degree
shall be punished by imprisonment for not less than one nor more than
ten years.

Forgery in the second degree (O.C.G.A. 16-9-2)

(a) A person commits the offense when with the intent to defraud he
knowingly makes, alters, or possesses any writing in a fictitious name
or in such 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 such authority.
(b) A person convicted of the offense shall be punished by
imprisonment for not less than one nor more than five
years.*Third and Fourth Degree of Forgery consist of Checks and
First and Second No Checks

Violation of oath by public officer (O.C.G.A. 16-10-1)

Any public officer who willfully and intentionally violates the terms
of his oath as prescribed by law shall, upon conviction thereof, be
punished by imprisonment for not less than one nor more than five years.

Bribery (O.C.G.A. 16-10-2)

(a) A person commits the offense when:
(1) He or she gives or offers to give to any person acting for or on
behalf of the state or any political subdivision thereof, or of 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 the functions of his or her office
or employment; or
(2) A public official, elected or appointed, or an employee of this
state or any agency, authority, or entity of the state, or any county
or municipality or any agency, authority, or entity thereof, directly
or indirectly solicits, receives, accepts, or agrees to receive a
thing of value by inducing the reasonable belief that the giving of
the thing will influence his or her performance or failure to perform
any official action. A thing of value shall not include:
(A) Food or beverage consumed at a single meal or event;
(B) Legitimate salary, benefits, fees, commissions, or expenses
associated with a recipient's nonpublic business, employment, trade,
or profession;
(C) An award, plaque, certificate, memento, or similar item given in
recognition of the recipient's civic, charitable, political,
professional, or public service;
(D) Food, beverages, and registration at group events to which all
members of an agency, as defined in paragraph (1) of subsection (a) of
Code Section 21-5-30.2, are invited. An agency shall include the
Georgia House of Representatives, the Georgia Senate, committees and
subcommittees of such bodies, and the governing body of each political
subdivision of this state;
(E) Actual and reasonable expenses for food, beverages, travel,
lodging, and registration for a meeting which are provided to permit
participation or speaking at the meeting;
(F) A commercially reasonable loan made in the ordinary course of business;
(G) Any gift with a value less than $100.00;
(H) Promotional items generally distributed to the general public or
to public officers;
(I) A gift from a member of the public officer's immediate family; or
(J) Food, beverage, or expenses afforded public officers, members of
their immediate families, or others that are associated with normal
and customary business or social functions or activities;
provided, however, that receiving, accepting, or agreeing to receive
anything no

Using private funds for law enforcement; off-duty employment of law
enforcement officers (O.C.G.A. 16-10-3)

(a) Except as otherwise provided in this Code section, any officer or
employee of the state or any agency thereof who receives from any
private person, firm, or corporation funds or other things of value to
be used in the enforcement of the penal laws or regulations of the
state is guilty of a misdemeanor.
(b) Except as otherwise provided in this Code section, any officer
or employee of a political subdivision who receives from any private
person, firm, or corporation funds or other things of value to be used
in the enforcement of the penal laws or regulations of the political
subdivision of which he is an officer or employee is guilty of a misdemeanor.
(c) Nothing contained within this Code section shall be deemed or
construed so as to prohibit any law enforcement officer of the state
or any political subdivision thereof:
(1) From being employed by private persons, firms, or corporations
during his off-duty hours when such employment is approved in writing
by the chief or head, or his duly designated agent, of the law
enforcement agency by which such law enforcement officer is employed; or
(2) From soliciting for or accepting contributions of equipment or
of funds to be used solely for the purchase of equipment to be used in
the enforcement of the penal laws or regulations of this state or any
political subdivision thereof when such acceptance is approved in
writing by the chief or head, or his duly designated agent, of the law
enforcement agency by which such law enforcement officer is employed.

Obstruction or hindering of law enforcement officers (O.C.G.A. 16-10-24)

(b) Whoever knowingly and willfully resists, obstructs, or opposes
any law enforcement officer, prison guard, correctional officer,
probation supervisor, parole supervisor, or conservation ranger in the
lawful discharge of his official duties by offering or doing violence
to the person of such officer or legally authorized person is guilty
of a felony and shall, upon conviction thereof, be punished by
imprisonment for not less than one nor more than five years.

Giving false name, address, or birth date to law enforcement officer
(O.C.G.A. 16-10-25)

A person who gives a false name, address, or date of birth to a law
enforcement officer in the lawful discharge of his official duties
with the intent of misleading the officer as to his identity or
birthdate is guilty of a misdemeanor.

Escape (O.C.G.A. 16-10-52)

(a) A person commits the offense when he or she:
(1) Having been convicted of a felony or misdemeanor or of the
violation of a municipal ordinance, intentionally escapes from lawful
custody or from any place of lawful confinement;
(2) Being in lawful custody or lawful confinement prior to
conviction, intentionally escapes from such custody or confinement;
(3) Having been adjudicated of a delinquent or unruly act or a
juvenile traffic offense, intentionally escapes from lawful custody or
from any place of lawful confinement;
(4) Being in lawful custody or lawful confinement prior to
adjudication, intentionally escapes from such custody or confinement; or
(5) Intentionally fails to return as instructed to lawful custody or
lawful confinement or to any residential facility operated by the
Georgia Department of Corrections after having been released on the
condition that he or she will so return; provided, however, such
person shall be allowed a grace period of eight hours from the exact
time specified for return if such person can prove he or she did not
intentionally fail to return.
(a.1) Revocation of probation for conduct in violation of any
provision of subsection (a) of this Code section shall not preclude an
independent criminal prosecution under this Code section based on the
same conduct.(b)(1) A person who, having been convicted of a
felony, is convicted of the offense of escape shall be punished by
imprisonment for not less than one nor more than ten years.
(2) Any person charged with a felony who is in lawful confinement
prior to conviction or adjudication who is convicted of the offense of
escape shall be punished by imprisonment for not less than one nor
more than five years.
(3) Notwithstanding paragraphs (1) and (2) of this subsection, a
person who commits the offense of escape while armed with a dangerous
weapon shall, upon conviction thereof, be punished by imprisonment for
not less than one nor more than 20 years.

Embracery (O.C.G.A. 16-10-91)

(a) A person commits the offense when he:
(1) With intent to influence a person summoned or serving as a
juror, communicates with him otherwise than is authorized by law in an
attempt to influence his action as a juror; or
(2) Summoned as a juror, accepts anything of value offered to him
with the understanding that it is given with the intent of influencing
his action as a juror.
(b) A person convicted of the offense of embracery shall be punished
by a fine of not more than $1,000.00 or by imprisonment for not less
than one nor more than five years, or both.

Riot (O.C.G.A. 16-11-30)

Any two or more persons who shall do an unlawful act of violence or
any other act in a violent and tumultuous manner

Affray (O.C.G.A. 16-11-32)

the fighting by two or more persons in some public place to the
disturbance of the public tranquility.

Loitering or prowling (O.C.G.A. 16-11-36)

(a) A person commits the offense when he is in a place at a time or
in a manner not usual for law-abiding individuals under circumstances
that warrant a justifiable and reasonable alarm or immediate concern
for the safety of persons or property in the vicinity.
(b) Among the circumstances which may be considered in determining
whether alarm is warranted is the fact that the person takes flight
upon the appearance of a law enforcement officer, refuses to identify
himself, or manifestly endeavors to conceal himself or any object.
Unless flight by the person or other circumstances make it
impracticable, a law enforcement officer shall, prior to any arrest
for an offense under this Code section, afford the person an
opportunity to dispel any alarm or immediate concern which would
otherwise be warranted by requesting the person to identify himself
and explain his presence and conduct. No person shall be convicted of
an offense under this Code section if the law enforcement officer
failed to comply with the foregoing procedure or if it appears at
trial that the explanation given by the person was true and would have
dispelled the alarm or immediate concern.

Terroristic threats and acts (O.C.G.A. 16-11-37)

(a) A person commits the offense when he or she threatens to commit
any crime of violence, to release any hazardous substance, as such
term is defined in Code Section 12-8-92, or to burn or damage property
with the purpose of terrorizing another or of causing the evacuation
of a building, place of assembly, or facility of public transportation
or otherwise causing serious public inconvenience or in reckless
disregard of the risk of causing such terror or inconvenience. No
person shall be convicted under this subsection on the uncorroborated
testimony of the party to whom the threat is communicated.
(b) A person commits the offense when:
(1) He or she uses a burning or flaming cross or other burning or
flaming symbol or flambeau with the intent to terrorize another or
another's household;
(2) While not in the commission of a lawful act, he or she shoots at
or throws an object at a conveyance which is being operated or which
is occupied by passengers; or
(3) He or she releases any hazardous substance or any simulated
hazardous substance under the guise of a hazardous substance for the
purpose of terrorizing another or of causing the evacuation of a
building, place of assembly, or facility of public transportation or
otherwise causing serious public inconvenience or in reckless
disregard of the risk of causing such terror or inconvenience.

Public drunkenness (O.C.G.A. 16-11-41)

(a) A person who shall be and appear in an intoxicated condition in
any public place or within the curtilage of any private residence not
his own other than by invitation of the owner or lawful occupant,
which condition is made manifest by boisterousness, by indecent
condition or act, or by vulgar, profane, loud, or unbecoming language,
is guilty of a misdemeanor.

Peeping Toms (O.C.G.A. 16-11-61)

a person who peeps through windows or doors, or other like places, on
or about the premises of another for the purpose of spying upon or
invading the privacy of the persons spied upon and the doing of any
other acts of a similar nature which invade the privacy of such persons.

Discharge of gun or pistol near public highway or street (O.C.G.A. 16-11-103)

A person is guilty of a misdemeanor when, without legal
justification, he discharges a gun or pistol on or within 50 yards of
a public highway or street.

Possession of dangerous weapons definitions (O.C.G.A. 16-11-121)

A weapon commonly known as a rocket launcher, bazooka, recoilless,
which fires explosives or nonexplosive rockets designed to injury or
kill or destroy heavy armor�

Possession of sawed-off shotgun, machine gun, silencer, etc.,
generally (O.C.G.A. 16-11-122)

1) "Dangerous weapon" means any weapon commonly known as a
"rocket launcher," "bazooka," or "recoilless
rifle" which fires explosive or nonexplosive rockets designed to
injure or kill personnel or destroy heavy armor, or similar weapon
used for such purpose. The term shall also mean a weapon commonly
known as a "mortar" which fires high explosive from a
metallic cylinder and which is commonly used by the armed forces as an
antipersonnel weapon or similar weapon used for such purpose. The term
shall also mean a weapon commonly known as a "hand grenade"
or other similar weapon which is designed to explode and injure
personnel or similar weapon used for such purpose.
(2) "Machine gun" means any weapon which shoots or is
designed to shoot, automatically, more than six shots, without manual
reloading, by a single function of the trigger.
(3) "Person" means any individual, partnership, company,
association, or corporation.
(4) "Sawed-off rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder; and designed or redesigned, made or remade, to use the
energy of the explosive in a fixed metallic cartridge to fire only a
single projectile through a rifle bore for each single pull of the
trigger; and which has a barrel or barrels of less than 16 inches in
length or has an overall length of less than 26 inches.
(5) "Sawed-off shotgun" means a shotgun or any weapon made
from a shotgun whether by alteration, modification, or otherwise
having one or more barrels less than 18 inches in length or if such
weapon as modified has an overall length of less than 26 inches.
(6) "Shotgun" means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder; and designed or
redesigned, and made or remade, to use the energy of the explosive in
a fixed shotgun shell to fire through a smooth bore either a number of
ball shot or a single projectile for each single pull of the trigger.
(7) "Silencer" means any device for silencing or
diminishing the report of any portable weapon such as a rifle,
carbine, pistol, revolver, machine gun, shotgun, fowling piece, or
other device from which a shot, bullet, or projectile may be
discharged by an explosive.

Sexual exploitation of children (O.C.G.A. 16-12-100)

(a) As used in this Code section, the term:
(1) "Minor" means any person under the age of 18 years.
(2) "Performance" means any play, dance, or exhibit to be
shown to or viewed by an audience.
(3) "Producing" means producing, directing, manufacturing,
issuing, or publishing.
(4) "Sexually explicit conduct" means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex;

Transactions in controlled substance or marijuana in, on, or within
1,000 feet of parks, playgrounds, recreation centers, or housing
projects prohibited: (OCGA 16-13-32.5)

(a) It shall be unlawful for any person to manufacture, distribute,
dispense, or possess with intent to distribute a controlled substance
or marijuana or a counterfeit substance in, on, or within 1,000 feet
of any real property which has been dedicated and set apart by the
governing authority of any municipality, county, state authority, or
the state for use as a park, playground, recreation center, or for any
other recreation purposes, unless the manufacture, distribution, or
dispensing is otherwise allowed by law.
(b) It shall be unlawful for any person to manufacture, distribute,
dispense, or possess with intent to distribute a controlled substance
or marijuana or a counterfeit substance in, on, or within 1,000 feet
of any real property of any publicly owned or publicly operated
housing project, unless the manufacture, distribution, or dispensing
is otherwise allowed by law. For the purposes of this Code section,
the term "housing project" means any facilities under the
jurisdiction of a housing authority which constitute single or
multifamily dwelling units occupied by low and moderate-income
families pursuant to Chapter 3 of Title 8.

Street Gang Terrorism and Prevention
Definitions: OCGA 16-15-3

(1) "Criminal gang activity" means the commission,
attempted commission, conspiracy to commit, or solicitation, coercion,
or intimidation of another person to commit any of the following
offenses on or after July 1, 2006:

Unlawful acts; penalties: OCGA 16-15-4

(a) It shall be unlawful for any person employed by or associated
with a criminal street gang to conduct or participate in criminal gang
activity through the commission of any offense enumerated in paragraph
(1) of Code Section 16-15-3.
(b) It shall be unlawful for any person to commit any offense
enumerated in paragraph (1) of Code Section 16-15-3 with the intent to
obtain or earn membership or maintain or increase his or her status or
position in a criminal street gang.
(c) It shall be unlawful for any person to acquire or maintain,
directly or indirectly, through criminal gang activity or proceeds
derived therefrom any interest in or control of any real or personal
property of any nature, including money.
(d) It shall be unlawful for any person who occupies a position of
organizer, supervisory position, or any other position of management
or leadership with regard to a criminal street gang to engage in,
directly or indirectly, or conspire to engage in criminal gang activity.
(e) It shall be unlawful for any person to cause, encourage,
solicit, recruit, or coerce another to become a member or associate of
a criminal street gang, to participate in a criminal street gang, or
to conduct or participate in criminal gang activity.
(f) It shall be unlawful for any person to communicate, directly or
indirectly, with another any threat of injury or damage to the person
or property of the other person or of any associate or relative of the
other person with the intent to deter such person from assisting a
member or associate of a criminal street gang to withdraw from such
criminal street gang.
(g) It shall be unlawful for any person to communicate, directly or
indirectly, with another any threat of injury or damage to the person
or property of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against such
person for having withdrawn from a criminal street gang

Jurisdiction: OCGA 17-2-1

Jurisdiction over crimes and persons charged with commission of
crimes generally
(a) It is the policy of this state to exercise its jurisdiction over
crime and persons charged with the commission of crime to the fullest
extent allowable under, and consistent with, the Constitution of this
state and the Constitution of the United States.
(b) Pursuant to this policy, a person shall be subject to
prosecution in this state for a crime which he commits, while either
within or outside the state, by his own conduct or that of another for
which he is legally accountable, if:
(1) The crime is committed either wholly or partly within the state;
(2) The conduct outside the state constitutes an attempt to commit a
crime within the state; or
(3) The conduct within the state constitutes an attempt to commit in
another jurisdiction a crime under the laws of both this state and the
other jurisdiction.
(c) A crime is committed partly within this state if either the
conduct which is an element of the crime or the result which is such
an element occurs within the state. In homicide, the
"result" is either the act which causes death or the death
itself; and, if the body of a homicide victim is found within this
state, the death is presumed to have occurred within the state.
(d) A crime which is based on an omission to perform a duty imposed
by the law of this state is committed within the state, regardless of
the location of the accused at the time of the omission.

Limitation of Prosecutions: OCGA 17-3-1

(a) A prosecution for murder may be commenced at any time.
(b) Prosecution for other crimes punishable by death or life
imprisonment must be commenced within seven years after the commission
of the crime except as provided by subsection (c.1) of this Code
section; provided, however, that prosecution for the crime of forcible
rape must be commenced within 15 years after the commission of the crime.
(c) Prosecution for felonies other than those specified in
subsections (a), (b), and (c.1) of this Code section must be commenced
within four years after the commission of the crime, provided that
prosecution for felonies committed against victims who are at the time
of the commission of the offense under the age of 18 years must be
commenced within seven years after the commission of the crime.
(c.1) A prosecution for the following offenses may be commenced at
any time when deoxyribonucleic acid (DNA) evidence is used to
establish the identity of the accused:
(1) Armed robbery, as defined in Code Section 16-8-41;
(2) Kidnapping, as defined in Code Section 16-5-40;
(3) Rape, as defined in Code Section 16-6-1;
(4) Aggravated child molestation, as defined in Code Section 16-6-4;
(5) Aggravated sodomy, as defined in Code Section 16-6-2; or
(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided, however, that a sufficient portion of the physical
evidence tested for DNA is preserved and available for testing by the
accused and provided, further, that, if the DNA evidence does not
establish the identity of the accused, the limitation on prosecution
shall be as provided in subsections (b) and (c) of this Code section.

Periods excluded from limitation: OCGA 17-3-2

The period within which a prosecution must be commenced under Code
Section 17-3-1 or other applicable statute does not include any period
in which:
(1) The accused is not usually and publicly a resident within this state;
(2) The person committing the crime is unknown or the crime is unknown;
(3) The accused is a government officer or employee and the crime
charged is theft by conversion of public property while such an
officer or employee; or
(4) The accused is a guardian or trustee and the crime charged is
theft by conversion of property of the ward or beneficiary.

Periods excluded from limitation of prosecution for certain offenses:
OCGA 17-3-2.1

a) If the victim of a violation of:
(1) Code Section 16-5-70, relating to cruelty to children;
(2) Code Section 16-6-1, relating to rape;
(3) Code Section 16-6-2, relating to sodomy and aggravated sodomy;
(4) Code Section 16-6-3, relating to statutory rape;
(5) Code Section 16-6-4, relating to child molestation and
aggravated child molestation;
(6) Code Section 16-6-5, relating to enticing a child for indecent
purposes; or
(7) Code Section 16-6-22, relating to incest,
is under 16 years of age on the date of the violation, the
applicable period within which a prosecution must be commenced under
Code Section 17-3-1 or other applicable statute shall not begin to run
until the victim has reached the age of 16 or the violation is
reported to a law enforcement agency, prosecuting attorney, or other
governmental agency, whichever occurs earlier. Such law enforcement
agency or other governmental agency shall promptly report such
allegation to the appropriate prosecuting attorney.
(b) This Code section shall apply to any offense designated in
paragraphs (1) through (7) of subsection (a) of this Code section
occurring on or after July 1, 1992.

Furnishing alcoholic beverages to and purchase of alcoholic beverages
by, persons under 21 years of age prohibited; possession of alcoholic
beverages by persons sunder 21 years of age prohibited; exceptions:
proper identification; procedures where false identification tendered:
O.C.G.A. 3-3-23.

Furnishing to, purchase of, or possession by persons under 21 years
of age of alcoholic beverages; use of false identification; proper
identification; dispensing, serving, selling, or handling by persons
under 21 years of age in the course of employment; seller's actions
upon receiving false identification

Financial transaction card theft (O.C.G.A. 16-9-31)

(a) A person commits the offense of financial transaction card theft when:
(1) He takes, obtains, or withholds a financial transaction card
from the person, possession, custody, or control of another without
the cardholder's consent; or who, with knowledge that it has been so
taken, obtained, or withheld, receives the financial transaction card
with intent to use it or to sell it or to transfer it to a person
other than the issuer or the cardholder;
(2) He receives a financial transaction card that he knows to have
been lost, mislaid, or delivered under a mistake as to the identity or
address of the cardholder and he retains possession with intent to use
it or sell it or to transfer it to a person other than the issuer or
the cardholder;
(3) He, not being the issuer, sells a financial transaction card or
buys a financial transaction card from a person other than the issuer; or
(4) He, not being the issuer, during any 12 month period receives
two or more financial transaction cards in the names of persons which
he has reason to know were taken or retained under circumstances which
constitute a violation of paragraph (3) of subsection (a) of Code
Section 16-9-33 and paragraph (3) of this subsection.

Hazing (O.C.G.A 16-5-70)

(1) "Haze" means to subject a student to an activity which
endangers or is likely to endanger the physical health of a student,
regardless of a student's willingness to participate in such activity.
(Just to know)

Feticide (O.C.G.A 16-5-80)

A person commits the offense of feticide if he or she willfully and
without legal justification causes the death of an unborn child by any
injury to the mother of such child, which would be murder if it
resulted in the death of such mother, or if he or she, when in the
commission of a felony, causes the death of an unborn child. (just to
know; not on test)

Violation of a family violence order (O.C.G.A. 16-5-95)

(a) A person commits the offense of violating a family violence order
when the person knowingly and in a nonviolent manner violates the
terms of a family violence temporary restraining order, temporary
protective order, permanent restraining order, or permanent protective
order issued against that person pursuant to Article 1 of Chapter 13
of Title 19, which:(1) Excludes, evicts, or excludes and evicts
the person from a residence or household;(2) Directs the person
to stay away from a residence, workplace, or school;(3)
Restrains the person from approaching within a specified distance of
another person; or(4) Restricts the person from having any
contact, direct or indirect, by telephone, pager, facsimile, e-mail,
or any other means of communication with another person, except as
specified in the order.(Not on study Guide� FYI)

Neglect to a disabled adult, elder person, or resident (O.C.G.A. 16-5-101)

(a) A guardian or other person supervising the welfare of or having
immediate charge, control, or custody of a disabled adult, elder
person, or resident commits the offense of neglect to a disabled
adult, elder person, or resident when the person willfully deprives a
disabled adult, elder person, or resident of health care, shelter, or
necessary sustenance to the extent that the health or well-being of
such person is jeopardized

Exploitation and intimidation of disabled adults, elder persons, and
residents (O.C.G.A. 16-5-102

(a) Any person who knowingly and willfully exploits a disabled adult,
elder person, or resident, willfully inflicts physical pain, physical
injury, sexual abuse, mental anguish, or unreasonable confinement upon
a disabled adult, elder person, or resident, or willfully deprives of
essential services a disabled adult, elder person, or resident shall
be guilty of a felony and, upon conviction, shall be punished by
imprisonment for not less than one nor more than 20 years, a fine of
not more than $50,000.00, or both.

Deposit account fraud (O.C.G.A. 16-9-20)

(a) A person commits the offense of deposit account fraud when such
person makes, draws, utters, executes, or delivers an instrument for
the payment of money on any bank or other depository in exchange for a
present consideration or wages, knowing that it will not be honored by
the drawee. For the purposes of this Code section, it is prima-facie
evidence that the accused knew that the instrument would not be
honored if:

Aggravated Sodomy (O.C.G.A. 16-6-2)

(a) A person commits the offense of sodomy when he or she performs or
submits to any sexual act involving the sex organs of one person and
the mouth or anus of another. A person commits the offense of
aggravated sodomy when he or she commits sodomy with force and against
the will of the other person or when he or she commits sodomy with a
person who is less than ten years of age. The fact that the person
allegedly sodomized is the spouse of a defendant shall not be a
defense to a charge of aggravated sodomy.

Sodomy (O.C.G.A.16-6-2)(a)(1)

is generally anal or oral sex between people or sexual activity
between a person and a non-human animal (bestiality), but may also
mean any non-procreative sexual activity

Sexual Assault (O.C.G.A. 16-6-5)

A person who supervisor or disciplinary authority over another
individual� commits sexual assault when that person�Engaging in sexual
contact with such other individual who the actor knew or should

Keeping a place for prostitution (O.C.G.A. 16-6-10)

A person having or exercising control over the use of any place or
conveyance which would offer seclusion or shelter for the practice of
prostitution commits the offense of keeping a place of prostitution
when he knowingly grants or permits the use of such place for the
purpose of prostitution.

Incest (O.C.G.A. 16-6-22)

(a) A person commits the offense of incest when such person engages
in sexual intercourse or sodomy, as such term is defined in Code
Section 16-6-2, with a person whom he or she knows he or she is
related to either by blood or by marriage as follows:(1) Father
and child or stepchild;(2) Mother and child or
stepchild;(3) Siblings of the whole blood or of the half
blood;(4) Grandparent and grandchild;(5) Aunt and niece or
nephew; or(6) Uncle and niece or nephew.

Smash and grab burglary (O.C.G.A. 16-7-2)

(a) As used in this Code section, the term "retail
establishment" means an establishment that sells goods or
merchandise from a fixed location for direct consumption by a
purchaser and includes establishments that prepare and sell meals or
other edible products either for carry out or service within the establishment.
(b) A person commits the offense of smash and grab burglary when he
or she intentionally and without authority enters a retail
establishment with the intent to commit a theft and causes damage in
excess of $500.00 to such establishment without the owner's consent.
(c) A person convicted of smash and grab burglary shall be guilty of
a felony and, upon conviction, shall be punished by imprisonment for
not less than two nor more than 20 years, by a fine of not more than
$100,000.00, or both; provided, however, that upon a second or
subsequent conviction, he or she shall be punished by imprisonment for
not less than five nor more than 20 years, by a fine of not more than
$100,000.00, or both.

(O.C.G.A 16-11-125.1)Definitions

(1) "Handgun" means a firearm of any description, loaded or
unloaded, from which any shot, bullet, or other missile can be
discharged by an action of an explosive where the length of the
barrel, not including any revolving, detachable, or magazine breech,
does not exceed 12 inches; provided, however, that the term
"handgun" shall not include a gun which discharges a single
shot of .46 centimeters or less in diameter.
(2) "Knife" means a cutting instrument designed for the
purpose of offense and defense consisting of a blade that is greater
than five inches in length which is fastened to a handle.
(3) "License holder" means a person who holds a valid
weapons carry license.
(4) "Long gun" means a firearm with a barrel length of at
least 18 inches and overall length of at least 26 inches designed or
made and intended to be fired from the shoulder and designed or made
to use the energy of the explosive in a fixed:
(A) Shotgun shell to fire through a smooth bore either a number of
ball shot or a single projectile for each single pull of the trigger
or from which any shot, bullet, or other missile can be discharged; or
(B) Metallic cartridge to fire only a single projectile through a
rifle bore for each single pull of the trigger;
provided, however, that the term "long gun" shall not
include a gun which discharges a single shot of .46 centimeters or
less in diameter.
(5) "Weapon" means a knife or handgun.

Impersonating a public officer or employee ( O.C.G.A. 16-10-23)

A person who falsely holds himself out as a peace officer or other
public officer or employee with intent to mislead another into
believing that he is actually such officer commits the offense of
impersonating an officer and, upon conviction thereof, shall be
punished by a fine of not more than $1,000.00 or by imprisonment for
not less than one nor more than five years, or both

Removal or attempted removal of weapon from public official;
punishment (O.C.G.A. 16-10-33)

(a) It shall be unlawful for any person knowingly to remove or
attempt to remove a firearm, chemical spray, or baton from the
possession of another person if:
(1) The other person is lawfully acting within the course and scope
of employment; and
(2) The person has knowledge or reason to know that the other person
is employed as:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2;
(B) A probation officer, or other employee with the power of arrest,
by the Department of Corrections;
(C) A parole supervisor, or other employee with the power of arrest,
by the State Board of Pardons and Paroles;
(D) A jail officer or guard by a county or municipality and has the
responsibility of supervising inmates who are confined in a county or
municipal jail or other detention facility; or
(E) A juvenile correctional officer by the Department of Juvenile
Justice and has the primary responsibility for the supervision and
control of youth confined in such department's programs and facilities.
(b) Any person who violates subsection (a) of this Code section
shall, upon conviction thereof, be punished by imprisonment for not
less than one nor more than five years or a fine of not more than
$10,000.00, or both.
(c) A violation of this Code section shall constitute a separate
offense. A sentence imposed under this Code section may be imposed
separately from and consecutive to or concurrent with a sentence for
any other offense related to the act or acts establishing the offense
under this Code section

Perjury (O.C.G.A. 16-10-70)

(a) A person to whom a lawful oath or affirmation has been
administered commits the offense of perjury when, in a judicial
proceeding, he knowingly and willfully makes a false statement
material to the issue or point in question.
(b) A person convicted of the offense of perjury shall be punished
by a fine of not more than $1,000.00 or by imprisonment for not less
than one nor more than ten years, or both. A person convicted of the
offense of perjury that was a cause of another's being imprisoned
shall be sentenced to a term not to exceed the sentence provided for
the crime for which the other person was convicted. A person convicted
of the offense of perjury that was a cause of another's being punished
by death shall be punished by life imprisonment.