RainCheck
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No. Prior to the law change (and after it), you had to prove 2nd degree child cruelty. Which did not, and still does not, require malice. Under the old law, the 2nd degree child cruelty charge was the underlying felony for a felony murder charge -- meaning if you were guilty of 2nd degree child cruelty, you were autoguilty of felony murder and could be sentenced to life or the DP. Under the new law, if you're convicted of 2nd degree child cruelty, you're no longer autoguilty of felony murder. Instead, they've created a new crime under GA law for you (second degree murder) that carries a max penalty of 30 years. I'm absolutely certain. So we can agree to disagree.
I see! It's still much easier to get a conviction for 2nd degree murder though, right? Doesn't it give the DA a better chance of getting any punishment at all? Could 2nd degree murder even have been considered before this new law?