Criminal Law GPSTC UPDATED Exam
Questions and CORRECT Answers
Is there attempted murder in GA? - CORRECT ANSWER - No
Jurisdiction O.C.G.A. 17-2-1 - CORRECT ANSWER - Our power to exert to the full extent of
the law because it is in our bounds (for law enforcement)
Venue O.C.G.A. 17-2-2 - CORRECT ANSWER - For the courts; Criminal action shall be
tried in the county where the crime was committed
Is there a statue of limitation for murder? - CORRECT ANSWER - No
Limitation of prosecution for a felony is how long? - CORRECT ANSWER - 4 years
Prosecution for what offenses can commence at any time? - CORRECT ANSWER - When
DNA evidence is established to identify perpetrators in Armed Robbery, Kidnapping, Rape,
Aggravated Child Molestation, Aggravated Sodomy or Aggravated Sexual Battery
Prosecution for a misdemeanor shall be commenced within how much time? - CORRECT
ANSWER - 2 years after the commission of a crime
Can a female be charged with rape in GA? - CORRECT ANSWER - No
What is the general purpose of title 16 crimes and offenses? - CORRECT ANSWER -
Proportionate punishments, give fair warning of the nature of the conduct forbidden and the
sentence, define which statues are crimes
, Entrapment O.C.G.A. 16-3-25 - CORRECT ANSWER - Idea starts with law
enforcement/officer, government officer or employee. Undue persuasion, incitement, or deceitful
means
Misfortune or accident not a crime - CORRECT ANSWER - Not to be found guilty if the
crime was committed by accident or no criminal negligence
Statutory Rape O.C.G.A. 16-6-3 - CORRECT ANSWER - Sexual intercourse with any person
under the age of 16,
Victim 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of
age or younger and is no more than four years older than the victim
Rape O.C.G.A. 16-6-1 - CORRECT ANSWER - (1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
25 years to life followed by probation for life
Murder O.C.G.A. 16-5-1 - CORRECT ANSWER - A person commits the offense of murder
when he unlawfully and with malice aforethought, either express or implied, causes the death of
another human being
Malice Murder - CORRECT ANSWER - Malice shall be implied where no considerable
provocation appears and where all the circumstances of the killing show an abandoned and
malignant heart.
Murder 2nd degree - CORRECT ANSWER - A person commits the offense of murder in the
second degree when, in the commission of cruelty to children in the second degree, he or she
causes the death of another human being irrespective of malice.
Voluntary Manslaughter O.C.G.A. 16-5-2 - CORRECT ANSWER - Causes the death of
another human being under circumstances he acts solely as the result of a sudden, violent, and
irresistible passion.
One nor more than 20 years
Questions and CORRECT Answers
Is there attempted murder in GA? - CORRECT ANSWER - No
Jurisdiction O.C.G.A. 17-2-1 - CORRECT ANSWER - Our power to exert to the full extent of
the law because it is in our bounds (for law enforcement)
Venue O.C.G.A. 17-2-2 - CORRECT ANSWER - For the courts; Criminal action shall be
tried in the county where the crime was committed
Is there a statue of limitation for murder? - CORRECT ANSWER - No
Limitation of prosecution for a felony is how long? - CORRECT ANSWER - 4 years
Prosecution for what offenses can commence at any time? - CORRECT ANSWER - When
DNA evidence is established to identify perpetrators in Armed Robbery, Kidnapping, Rape,
Aggravated Child Molestation, Aggravated Sodomy or Aggravated Sexual Battery
Prosecution for a misdemeanor shall be commenced within how much time? - CORRECT
ANSWER - 2 years after the commission of a crime
Can a female be charged with rape in GA? - CORRECT ANSWER - No
What is the general purpose of title 16 crimes and offenses? - CORRECT ANSWER -
Proportionate punishments, give fair warning of the nature of the conduct forbidden and the
sentence, define which statues are crimes
, Entrapment O.C.G.A. 16-3-25 - CORRECT ANSWER - Idea starts with law
enforcement/officer, government officer or employee. Undue persuasion, incitement, or deceitful
means
Misfortune or accident not a crime - CORRECT ANSWER - Not to be found guilty if the
crime was committed by accident or no criminal negligence
Statutory Rape O.C.G.A. 16-6-3 - CORRECT ANSWER - Sexual intercourse with any person
under the age of 16,
Victim 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of
age or younger and is no more than four years older than the victim
Rape O.C.G.A. 16-6-1 - CORRECT ANSWER - (1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
25 years to life followed by probation for life
Murder O.C.G.A. 16-5-1 - CORRECT ANSWER - A person commits the offense of murder
when he unlawfully and with malice aforethought, either express or implied, causes the death of
another human being
Malice Murder - CORRECT ANSWER - Malice shall be implied where no considerable
provocation appears and where all the circumstances of the killing show an abandoned and
malignant heart.
Murder 2nd degree - CORRECT ANSWER - A person commits the offense of murder in the
second degree when, in the commission of cruelty to children in the second degree, he or she
causes the death of another human being irrespective of malice.
Voluntary Manslaughter O.C.G.A. 16-5-2 - CORRECT ANSWER - Causes the death of
another human being under circumstances he acts solely as the result of a sudden, violent, and
irresistible passion.
One nor more than 20 years
