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GPSTC FIREARMS TRAINING QUALIFICATION
PRACTICE TEST
โ Jurisdiction O.C.G.A. 17- 2 - 1 Answer: Our power to exert to the full extent of the law because it is in our bounds (for law enforcement) โ Venue O.C.G.A. 17- 2 - 2 Answer: For the courts; Criminal action shall be tried in the county where the crime was committed โ Is there a statue of limitation for murder? Answer: No โ Limitation of prosecution for a felony is how long? Answer: 4 years โ Prosecution for what offenses can commence at any time? Answer: When DNA evidence is established to identify perpetrators in Armed Robbery, Kidnapping, Rape, Aggravated Child Molestation, Aggravated Sodomy or Aggravated Sexual Battery โ Prosecution for a misdemeanor shall be commenced within how much time? Answer: 2 years after the commission of a crime โ Can a female be charged with rape in GA? Answer: No
โ What is the general purpose of title 16 crimes and offenses? Answer: Proportionate punishments, give fair warning of the nature of the conduct forbidden and the sentence, define which statues are crimes โ Entrapment O.C.G.A. 16- 3 - 25 Answer: Idea starts with law enforcement/officer, government officer or employee. Undue persuasion, incitement, or deceitful means โ Misfortune or accident not a crime Answer: Not to be found guilty if the crime was committed by accident or no criminal negligence โ Statutory Rape O.C.G.A. 16- 6 - 3 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 โ Rape O.C.G.A. 16- 6 - 1 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
โ Reckless Conduct O.C.G.A. 16- 5 - 60 Answer: Reckless conduct causing harm to or endangering the bodily safety of another not more than ten years Conduct by HIV infected persons; STD or drugs not less than five nor more than 20 years โ Multiple prosecutions for same conduct Answer: Double jeopardy = protects people from being charged twice for the same criminal act โ Child Molestation O.C.G.A. 16- 6 - 4 Answer: 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) โ Aggravated Child Molestation O.C.G.A. 16- 6 - 4 Answer: 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
โ Mental capacity Answer: A person cannot be deemed guilty if they cannot understand what is right or wrong โ romeo and juliet for statutory rape Answer: victim has to be 14-16 yrs old and perp has to be 18 or no more than 4 years older than victim (misdemeanor) โ A person of sound mind and discretion is presumed to? Answer: Intend the natural and probable consequences of his acts โ Fornication O.C.G.A. 16- 6 - 18 Answer: Ruled unconstitutional 2003 โ Hijacking a Motor Vehicle O.C.G.A. Answer: 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 โ Incest O.C.G.A. 16- 6 - 22 Answer: 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
โ Cruelty to children O.C.G.A. 16- 5 - 70 3rd degree Answer: 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 โ Cruelty to children O.C.G.A. 16- 5 - 70 1st degree Answer: 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 โ Affirmative Defense O.C.G.A. 16- 3 - 28 Answer: 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" โ Public drunkenness O.C.G.A. 16- 11 - 41 Answer: 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
โ "Romeo and Juliet" laws Answer: 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 โ Forcible Felony Answer: use of threat or physical force or violence against another person โ Simple Assault O.C.G.A. 16- 5 - 20 Answer: 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 โ Simple Battery O.C.G.A. 16- 5 - 23 Answer: Intentionally makes physical contact of an insulting or provoking nature with the person of another, or Intentionally causes physical harm to another. misdemeanor of a high and aggravated nature (Family) ex: a shove or push โ Battery O.C.G.A. 16- 5 - 23.1 Answer: intentionally causes substantial physical harm or visible bodily harm to another misdemeanor 2nd conviction for battery ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both
โ Sexual Assault O.C.G.A. 16- 6 - 5.1 Answer: a supervisor or disciplinary authoritative person; teacher, school official, an employee at correctional. 1 - 25 fine not to exceed $100,000.00, or both โ Criminal Attempt O.C.G.A. 16- 4 - 1 Answer: A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime โ What is a crime? Answer: Violation of a statute of this state or ordinance and criminal negligence โ protection of elder persons Answer: guardian or person in charge deprives them of food or medical care willfully โ Sodomy; aggravated sodomy; medical expenses O.C.G.A. 16- 6 - 2 Answer: 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. 1 - 20 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. 25 years and not exceeding life, followed by probation for life.
at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim misdemeanor โ What is the minimum age to consider someone guilty of a crime? Answer: 13 โ Conspiracy to commit a crime O.C.G.A. 16- 4 - 8 Answer: one or more persons conspire to commit any crime; even if you didn't have an "action" you still played a part misdemeanor to misdemeanor half fine felony to felony half fine death 1-10 years โ Mistake of fact Answer: Cannot be found guilty if the crime was induced by a misapprehension of fact โ Parties to crime Answer: Every person is concerned in the commission of a crime by directly committing crimes, intentionally causing another person to commit the crimes, intentionally aids or abets, intentionally advices or encourages another to commit crime โ false imprisonment Answer: arrests, confines, or detained person w/o legal authority
(misd. until second conviction) โ Trial and conviction of parties who did not directly commit crime Answer: Any party to a crime who did not directly commit the crime can be prosecuted even if the original criminal is not apprehended, charged w/ a diff. crime, or gets away with it โ victim notification Answer: victim of aggr. stalking shall be notified when the person in custody is released or has a hearing or is issued bail โ family violence battery Answer: not with in siblings, but present or past spouses, parent - child, stepparents - stepchild, roommates, living in household โ public indecency Answer: performs sexual intercourse, exposes sexual organs, nudity, indecent fondling of another person IN PUBLIC โ bestiality Answer: performs or submits to any sexual act with an animal โ necrophilia Answer: sexual acts with a dead human body โ The use of violence or having a firearm automatically makes the charge a? Answer: Felony
โ terroristic threats & acts Answer: Person commits terroristic THREATS when: commits any crime of violence, releases hazardous substances, burn or damages property ; person commits terroristic ACTS when uses burning or flaming cross or symbol to cause fear, throws or shoots object at conveyance while occupied โ arson in 1st degree Answer: knowingly damages or causes a fire at any dwelling with a security interest & endangers HUMAN LIFE โ Theft by receiving stolen property O.C.G.A. 16- 8 - 7 Answer: stolen property 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. โ forgery in the 3rd degree Answer: fake check 1,500$ or more and/or +10 blank fake checks โ criminal damage to property in 1st degree Answer: NO MONEY VALUE ; knowingly & w/o authority interferes w/ proper in which endangers human life ; uses force or violence to interfere w/ operations of any system of the public (communications, sewerage, ect.) โ deposit account fraud Answer: person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other
โ robbery Answer: takes property of another by force, by threatening to use violence, or snatching โ theft by taking Answer: unlawfully takes property of another โ felony Answer: robbery against a 65 yr old person is considered a? โ arson in 2nd degree Answer: damages or causes fire to any building, not a dwelling, and it DOES NOT endanger human life ex: she shed โ forgery in the first degree Answer: PRESENTS a fraudulent item and knowingly tries to pass it ex: gives 100$ to cashier for payment or check with forged signature โ criminal trespassing Answer: DAMAGING property of 500.00$ or less, knowingly & maliciously INTERFERING with property of another w/o consent (can be seen as vandalizing or blocking entrance to a business) โ theft by deception Answer: obtains property by deceitful means w/ intentions of depriving the owner of property (false impressions)
โ theft by shoplifting Answer: alone or with another person concealed or takes goods, alters price tags, transfers goods from one container to another, interchanges labels, or wrongfully causes amount paid to be less โ criminal damage to property in 2nd degree Answer: damages any property w/o consent of owner worth 500.00$ or more ; recklessly or intentionally damage property of another person through fire or explosives โ if worth less than 1,500$ it is a? Answer: Misdemeanor โ burglary 2nd degree Answer: w/o authority and with intent to commit a felony or theft in a structure, building, or anything OTHER THEN DWELLING โ arson in 3rd degree Answer: knowingly causes fire to personal property of $25.00 or more โ forgery in 2nd degree Answer: POSSESSES a fraudulent item ex: having a fake ID โ obstruction of officers - FELONY Answer: knowingly and willfully resist, obstructs, or opposes (can be referenced to a simple assault on a civilian)
โ Amendment IV Answer: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. โ Amendment V Answer: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. โ Amendment VI Answer: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. โ Amendment VIII Answer: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
