OCGA final exam Flashcards
(49 cards)
16-5-1 Murder
> unlawfully and with malice aforethought, cause the death of another human being
> express or implied
what is express murder
deliberate intention unlawfully to take the life of aother human being
what is implied murder
> no considerable provocation
show a abandoned and malignant heart
16-5-1 (murder)
define murder in the 2nd
> when in the commission of cruelty to children in the 2nd degree
causes death of another human being being irrespective of malice
16-5-2 (voluntary manslaughter)
> death of another human being due to sudden, violent, and irresistible passion
results from provaction sufficient to excite passion
no time for the voice of reason and humanity to be heard
16-5-3 ( involuntary Manslaughter) (felony)
> unlawful act other than a felony without the intention to do so
> punishable by Imprisonment for not less than one year nor more than ten years
16-5-3 ( involuntary Manslaughter) ( Misdemeanor)
> lawful act in an unlawful manner when he causes the death of another human being without intention to do so
16-5-3.1 (Aggravated Involuntary Manslaughter)
> causes the fentanyl overdose death of another human being
> without intent to cause the death
does the death have to occur within certain time to be homicide?
no
16-5-5 (Assisted Suicide)
and punishment
> knowingly and willingly assisted such person in the commission of suicide
> Imprisonment for not less than one year nor more than ten years
16-5-20 ( simple Assault)
> Attempts to commit violent injury to another person
> commits act which places another in reasonable apprehension of immediate violent injury
16-5-20 ( Aggravated Assault)
> Assaults someone with the intent to murder, rape or Rob
> Using a deadly weapon, object, or device against a person likely to cause serious bodily harm
> strangulation
> punishable by imprisonment for not less than one nor more than 20 years
16- 5- 23 (simple Battery)
> intentionally makes physical contact of insulting or provoking nature
> intentionally causes physical harm to another
> misdemeanor
When is simple battery high and aggravated misdemeanor
> simple battery against a utility worker, employee of a public school system, sports official, past or present spouse, children, parents, living or formerly living in same household
16-5-23.1 (Battery) (m)
> Causes substantial physical harm or visible bodily harm to another
> capable of being perceived by a person other than victim
> misdemeanor
what is the punishment for battery upon the third conviction against the same person
felony
16-5-24 Aggravated Battery)
> Maliciously causes bodily harm to another
> Depriving another of a member of body, rendering member useless, seriously disfiguring member
16-5-40 ( kidnapping)
Person abducts or steals away another without lawful authority or warrant
16-5-41 ( false Imprisonment)
Arrest, cofines, detains such person without legal authority
felony
16-5-70 ( cruelty to children) first degree
> person maliciously causes child under 18 cruel or excessive physical or mental pain
> felony
16-5-70 ( cruelty to children) Second degree
> person with criminal negligence causes child under 18 cruel or excessive physical or mental pain
> felony
16-5-70 ( cruelty to children) third degree
> person, Primary aggressor, intentionally allows child under 18 to see a forcible feloby
> 1st and 2nd offense Misdemeanor
16-5-80 ( Feticide)
> person willfully and without justification causes death of an unborn child through injury to mother
16-5-90 ( stalking )
> person places another under surveillance or contacts another without consent of that person
> purpose to harass or intimidate
