Georgia Law GPSTC Questions with
Correct Answers
Murder 16-5-1- Felony - ANSWERSA person commits the offense of murder when he
willfully and with malice aforethought either expressed or implied causes the death of
another human being
16-5-2: voluntary manslaughter- Felony - ANSWERS-causes the death of a human
being; sudden murder of someone; where there is evidence of a moment of passion to
drive the person to willfully kill another human being
Involuntary Manslaughter - ANSWERSa murder that doesn't happen on purpose.
Involuntary manslaughter could be a misdemeanor or felony if the person was
committing a misdemeanor crime before the accidental murder then it becomes a
felony- if it is proven that the person was committing a felony before killing someone
accidentally it could be a felony.
16-5-4 death does not have to occur with certain time to be a homicide -
ANSWERSexample: if a person shoots someone and they don't die instantly, but they
next day they die. the person could still be charged with murder.
Simple (In law) means its a misdemeanor - ANSWERS
Aggravated (in terms of the law) is more than likely a felony charge - ANSWERS
16-5-20; elements of simple assault - ANSWERS(1) attempts to commit a violent injury
to the person of another, or
(2) commits an act which places another in reasonable apprehension of immediately
receiving a violent injury
16-5-23; elements of simple battery - ANSWERS(1) intentionally makes physical
contact of an insulting or provoking nature with the person of another; or
(2) intentionally causes physical harm to another
This does not have permanent damages to the other person and it more than likely a
misdemeanor- After three convictions it turns into a felony charge
16-5-23.1; elements of battery - ANSWERSintentionally causes substantial physical
harm or visible bodily harm to another
major harm to someone
battery can be a felony or misdemeanor.
, on the third misdemeanor conviction, it becomes a felony.
(16-5-21) Aggravated Assault - ANSWERS(1) INTENT to murder / rape / rob
(2) use of deadly weapons / objects
(3) discharge of firearms from vehicle WITHOUT legal justification
(4) strangulation
(5) drive-by
16-5-24 Aggravated Battery - ANSWERSMaliciously causes bodily harm by:
(1) rendering body part useless
(2) disfigurement
permanent damages to the body
(16-5-40 )Kidnapping- felony - ANSWERSWhen a person commits the offense of
kidnapping when such persons abducts or steals away another person without lawful
authority or warrant
kidnapping someone can be applied even with a slight movement
- concealing or isolating a victim
kidnapping cannot be merged with another charge
16-5-41; elements of false imprisonment - ANSWERS(1) in violation of the personal
liberty of another, (2) he arrests, confines, or detains such person, (3) without legal
authority
violating personal consent
16-5-44.1; elements of motor vehicle hijacking - ANSWERSFirst Degree
(1) while in possession of a firearm or weapon, (2) obtains a motor vehicle (3) from an
individual or the presence of another individual by force and violence or intimidation OR
attempts/conspires to do so
Second Degree
(1) obtains a motor vehicle (2) from an individual without his or her consent or from the
immediate presence of another individual without her or her consent OR conspires to do
so
16-5-60; elements of reckless conduct, HIV infected persons - ANSWERSa person who
causes bodily harm to or endangers the bodily safety of another person by consciously
disregarding a substantial and unjustifiable risk that his or her act or omission will cause
harm or endanger the safety of another person
Correct Answers
Murder 16-5-1- Felony - ANSWERSA person commits the offense of murder when he
willfully and with malice aforethought either expressed or implied causes the death of
another human being
16-5-2: voluntary manslaughter- Felony - ANSWERS-causes the death of a human
being; sudden murder of someone; where there is evidence of a moment of passion to
drive the person to willfully kill another human being
Involuntary Manslaughter - ANSWERSa murder that doesn't happen on purpose.
Involuntary manslaughter could be a misdemeanor or felony if the person was
committing a misdemeanor crime before the accidental murder then it becomes a
felony- if it is proven that the person was committing a felony before killing someone
accidentally it could be a felony.
16-5-4 death does not have to occur with certain time to be a homicide -
ANSWERSexample: if a person shoots someone and they don't die instantly, but they
next day they die. the person could still be charged with murder.
Simple (In law) means its a misdemeanor - ANSWERS
Aggravated (in terms of the law) is more than likely a felony charge - ANSWERS
16-5-20; elements of simple assault - ANSWERS(1) attempts to commit a violent injury
to the person of another, or
(2) commits an act which places another in reasonable apprehension of immediately
receiving a violent injury
16-5-23; elements of simple battery - ANSWERS(1) intentionally makes physical
contact of an insulting or provoking nature with the person of another; or
(2) intentionally causes physical harm to another
This does not have permanent damages to the other person and it more than likely a
misdemeanor- After three convictions it turns into a felony charge
16-5-23.1; elements of battery - ANSWERSintentionally causes substantial physical
harm or visible bodily harm to another
major harm to someone
battery can be a felony or misdemeanor.
, on the third misdemeanor conviction, it becomes a felony.
(16-5-21) Aggravated Assault - ANSWERS(1) INTENT to murder / rape / rob
(2) use of deadly weapons / objects
(3) discharge of firearms from vehicle WITHOUT legal justification
(4) strangulation
(5) drive-by
16-5-24 Aggravated Battery - ANSWERSMaliciously causes bodily harm by:
(1) rendering body part useless
(2) disfigurement
permanent damages to the body
(16-5-40 )Kidnapping- felony - ANSWERSWhen a person commits the offense of
kidnapping when such persons abducts or steals away another person without lawful
authority or warrant
kidnapping someone can be applied even with a slight movement
- concealing or isolating a victim
kidnapping cannot be merged with another charge
16-5-41; elements of false imprisonment - ANSWERS(1) in violation of the personal
liberty of another, (2) he arrests, confines, or detains such person, (3) without legal
authority
violating personal consent
16-5-44.1; elements of motor vehicle hijacking - ANSWERSFirst Degree
(1) while in possession of a firearm or weapon, (2) obtains a motor vehicle (3) from an
individual or the presence of another individual by force and violence or intimidation OR
attempts/conspires to do so
Second Degree
(1) obtains a motor vehicle (2) from an individual without his or her consent or from the
immediate presence of another individual without her or her consent OR conspires to do
so
16-5-60; elements of reckless conduct, HIV infected persons - ANSWERSa person who
causes bodily harm to or endangers the bodily safety of another person by consciously
disregarding a substantial and unjustifiable risk that his or her act or omission will cause
harm or endanger the safety of another person
