Conspiracy
to commit a crime consists of two major parts: (1) an agreement
between two or more people to commit any crime and (2)
an overt act in furtherance of the conspiracy. Both of these parts
must exist in order for there to be a conspiracy under the law.
The agreement
requirement mandates that there be an understanding between two
or more people that they will pursue a criminal objective. Mere
presence at the scene of a crime is insufficient to prove the
existence of a conspiracy. There must evidence of an agreement
or similar criminal purpose.
The overt
act requirement means that one of the conspirators must have committed
an overt act "to effect the object" of the conspiracy.
Typically this occurs when an one commits an act which is consistent
with the criminal objective and is intended to aid or further
that objective.
Punishment:
Conspiracy
to commit felony: From 1 year to one-half of the maximum sentence
if the actual crime had been completed.
Conspiracy
to commit misdemeanor: same as punishment for the misdemeanor.
Conspiracy
to commit a crime with a potential life sentence or death
penalty: 1 to 10 years in prison.
Prostitution
- O.C.G.A. 16-6-9
One who
performs, offers to perform or agrees to perform sexual intercourse
for money can be found guilty of prostitution. The actual act
of sexual intercourse is not necessary, as those who merely offer
or agree to have sex for money can be punished. Under current
case law, neither the payment of money nor the commission of a
sexual act are necessary for a violation of the law to exist.
This statute in only applicable to the seller, or the one prostituting
themselves, while the buyer may be punished for adultery or fornication.
Punishment:
Misdemeanor, with up to 12 months in prison.
Solicitation
of a Felony- O.C.G.A. 16-4-7
It is
a crime in Georgia to solicit or attempt to cause or persuade
another person to commit a felony. Whether the person actually
commits the crime is irrelevant. Further, the person who "solicits"
the criminal act has no defense to prosecution by alleging that
the person solicited is incapable of committing the offense.
Punishment:
Solicitation to commit a felony: 1 to 3 years in prison; solicitation
to commit a crime punishable by the death penalty or life
in prison: 1 to 5 years.
Stalking
- O.C.G.A. 16-5-90
When a
person follows, places under surveillance or contacts another
person without their consent and for the purpose of harassing
and intimidating them, then he or she is liable for stalking.
The statute requires a knowing, willful purpose of harassment
and intimidation – therefore, it is not criminal behavior
to merely communicate with another person without consent.
Punishment:
Typically a misdemeanor unless the defendant has prior convictions
for the same offense, in which case it becomes a felony punishable
by 1 to 5 years in prison.
Aggravated
Stalking – O.C.G.A. 16-5-91
When a
person is stalking a victim in violation of a judicial order which
prohibits such conduct, he or she commits aggravated stalking.
Punishment:
Felony, 1 to 5 years in prison and up to a $10,000.00 fine.
