GPSTC CRIMINAL LAW EXAM UPDATED QUESTIONS AND
ANSWERS RATED A+
✔✔Child Molestation O.C.G.A. 16-6-4 - ✔✔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
not less than five nor more than 20 years (1st)
en years nor more than 30 years/Life (2nd)
✔✔Aggravated Child Molestation O.C.G.A. 16-6-4 - ✔✔Commits an offense of child
molestation which act physically injures the child or involves an act of sodomy.
25 years and not exceeding life imprisonment, followed by probation for life
Victim is at least 13 but less than 16 years of age, 18 years of age or younger and is no
more than four years older than the victim
✔✔Mental capacity - ✔✔A person cannot be deemed guilty if they cannot understand
what is right or wrong
✔✔romeo and juliet for statutory rape - ✔✔victim has to be 14-16 yrs old and perp has
to be 18 or no more than 4 years older than victim (misdemeanor)
✔✔A person of sound mind and discretion is presumed to? - ✔✔Intend the natural and
probable consequences of his acts
✔✔Fornication O.C.G.A. 16-6-18 - ✔✔Ruled unconstitutional 2003
✔✔Hijacking a Motor Vehicle O.C.G.A. - ✔✔1st degree - w/a firearm/weapon get
vehicle by force, violence or intimidation or attempts to do so
20 years and a fine of not less than $10,000.00 nor more than $100,000.00,
2nd degree - obtains vehicle w/o consent or in front of another person
not less than one nor more than ten years and a fine of not more than $5,000.00. 2nd
15, 3rd 20
✔✔Incest O.C.G.A. 16-6-22 - ✔✔Sexual intercourse or sodomy with person they are
related to by blood or by marriage
Imprisonment for not less than ten nor more than 30 years
under the age of 14 years imprisonment for not less than 25 nor more than 50 year
✔✔Adultery O.C.G.A. 16-6-19 - ✔✔Having sex with another person other than your
spouse
misdemeanor
✔✔Aggravated Sexual Battery O.C.G.A. 16-6-22.2 - ✔✔Intentionally penetrates with a
foreign object the sexual organ or anus of another person without the consent of that
person.
, 25 years to life imprisonment, probation for life
✔✔Sexual battery O.C.G.A. 16-6-22.1 - ✔✔Person makes physical contact with intimate
parts of another's body without consent
misdemeanor of a high and aggravated nature
child under the age of 16 years shall be guilty of a felony, 1-5 years
second or subsequent conviction
felony one nor more than five years
✔✔Cruelty to children O.C.G.A. 16-5-70 2nd degree - ✔✔maliciously causes a child
under the age of 18 cruel or excessive physical or mental pain
1-10 years
✔✔Cruelty to children O.C.G.A. 16-5-70 3rd degree - ✔✔such person, who is the
primary aggressor, intentionally allows a child under the age of 18 to witness the
commission of a forcible felony, battery, or family violence battery (1-2 misdemeanor
then 3 felony)
felony $1,000.00-$5,000.00, 1-5 years/both
✔✔Cruelty to children O.C.G.A. 16-5-70 1st degree - ✔✔criminal negligence causes a
child under the age of 18 cruel or excessive physical or mental pain. deprives the child
of necessary sustenance to the extent that the child's health or well-being is
jeopardized.
5-20 years
✔✔Affirmative Defense O.C.G.A. 16-3-28 - ✔✔A response to a plaintiff's claim that
does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
"Yes I did it and this is why"
✔✔Public drunkenness O.C.G.A. 16-11-41 - ✔✔intoxicated condition in any public
place or within the curtilage of any private residence not his own.
invitation of the owner or lawful occupant
misdemeanor.
Person cannot be guilty if they are involuntary intoxicated, but voluntary intoxication is
not an excuse to do a crime
✔✔"Romeo and Juliet" laws - ✔✔victim is between 14 and 16 years old and the
defendant is 18 years old or no more than four years older than the victim
misdemeanor charges
✔✔Forcible Felony - ✔✔use of threat or physical force or violence against another
person
ANSWERS RATED A+
✔✔Child Molestation O.C.G.A. 16-6-4 - ✔✔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
not less than five nor more than 20 years (1st)
en years nor more than 30 years/Life (2nd)
✔✔Aggravated Child Molestation O.C.G.A. 16-6-4 - ✔✔Commits an offense of child
molestation which act physically injures the child or involves an act of sodomy.
25 years and not exceeding life imprisonment, followed by probation for life
Victim is at least 13 but less than 16 years of age, 18 years of age or younger and is no
more than four years older than the victim
✔✔Mental capacity - ✔✔A person cannot be deemed guilty if they cannot understand
what is right or wrong
✔✔romeo and juliet for statutory rape - ✔✔victim has to be 14-16 yrs old and perp has
to be 18 or no more than 4 years older than victim (misdemeanor)
✔✔A person of sound mind and discretion is presumed to? - ✔✔Intend the natural and
probable consequences of his acts
✔✔Fornication O.C.G.A. 16-6-18 - ✔✔Ruled unconstitutional 2003
✔✔Hijacking a Motor Vehicle O.C.G.A. - ✔✔1st degree - w/a firearm/weapon get
vehicle by force, violence or intimidation or attempts to do so
20 years and a fine of not less than $10,000.00 nor more than $100,000.00,
2nd degree - obtains vehicle w/o consent or in front of another person
not less than one nor more than ten years and a fine of not more than $5,000.00. 2nd
15, 3rd 20
✔✔Incest O.C.G.A. 16-6-22 - ✔✔Sexual intercourse or sodomy with person they are
related to by blood or by marriage
Imprisonment for not less than ten nor more than 30 years
under the age of 14 years imprisonment for not less than 25 nor more than 50 year
✔✔Adultery O.C.G.A. 16-6-19 - ✔✔Having sex with another person other than your
spouse
misdemeanor
✔✔Aggravated Sexual Battery O.C.G.A. 16-6-22.2 - ✔✔Intentionally penetrates with a
foreign object the sexual organ or anus of another person without the consent of that
person.
, 25 years to life imprisonment, probation for life
✔✔Sexual battery O.C.G.A. 16-6-22.1 - ✔✔Person makes physical contact with intimate
parts of another's body without consent
misdemeanor of a high and aggravated nature
child under the age of 16 years shall be guilty of a felony, 1-5 years
second or subsequent conviction
felony one nor more than five years
✔✔Cruelty to children O.C.G.A. 16-5-70 2nd degree - ✔✔maliciously causes a child
under the age of 18 cruel or excessive physical or mental pain
1-10 years
✔✔Cruelty to children O.C.G.A. 16-5-70 3rd degree - ✔✔such person, who is the
primary aggressor, intentionally allows a child under the age of 18 to witness the
commission of a forcible felony, battery, or family violence battery (1-2 misdemeanor
then 3 felony)
felony $1,000.00-$5,000.00, 1-5 years/both
✔✔Cruelty to children O.C.G.A. 16-5-70 1st degree - ✔✔criminal negligence causes a
child under the age of 18 cruel or excessive physical or mental pain. deprives the child
of necessary sustenance to the extent that the child's health or well-being is
jeopardized.
5-20 years
✔✔Affirmative Defense O.C.G.A. 16-3-28 - ✔✔A response to a plaintiff's claim that
does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
"Yes I did it and this is why"
✔✔Public drunkenness O.C.G.A. 16-11-41 - ✔✔intoxicated condition in any public
place or within the curtilage of any private residence not his own.
invitation of the owner or lawful occupant
misdemeanor.
Person cannot be guilty if they are involuntary intoxicated, but voluntary intoxication is
not an excuse to do a crime
✔✔"Romeo and Juliet" laws - ✔✔victim is between 14 and 16 years old and the
defendant is 18 years old or no more than four years older than the victim
misdemeanor charges
✔✔Forcible Felony - ✔✔use of threat or physical force or violence against another
person
