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Home » US Law » 2022 Georgia Code » Title 16 - Crimes and Offenses » Chapter 4 - Criminal Attempt, Conspiracy, and Solicitation

§ 16-4-1. Criminal Attempt

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. History. Code 1933, § 26-1001, enacted by Ga. L. 1968, p. 1249, § 1. Law reviews. For annual survey on criminal law and procedure, […]

§ 16-4-2. Conviction for Criminal Attempt Where Crime Completed

A person may be convicted of the offense of criminal attempt if the crime attempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime. History. Code 1933, § 26-1004, enacted by Ga. L. 1968, p. 1249, § 1.

§ 16-4-3. Charge of Commission of Crime as Including Criminal Attempt

A person charged with commission of a crime may be convicted of the offense of criminal attempt as to that crime without being specifically charged with the criminal attempt in the accusation, indictment, or presentment. History. Code 1933, § 26-1005, enacted by Ga. L. 1968, p. 1249, § 1. Law reviews. For article, “A Comprehensive […]

§ 16-4-4. Impossibility as a Defense

It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be. History. Code 1933, § 26-1002, enacted […]

§ 16-4-5. Abandonment of Effort to Commit a Crime as an Affirmative Defense

When a person’s conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose. A renunciation of criminal […]

§ 16-4-6. Penalties for Criminal Attempt

A person convicted of the offense of criminal attempt to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than 30 years. A person convicted of the offense of criminal attempt to commit a felony, other than a felony punishable by […]

§ 16-4-7. Criminal Solicitation

A person commits the offense of criminal solicitation when, with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct. A person convicted of the offense of criminal solicitation to commit a felony shall be punished by […]

§ 16-4-8. Conspiracy to Commit a Crime

A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a […]

§ 16-4-8.1. Conviction of Conspiracy Even if Crime Completed

A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime […]