Clery Act Crimes

Murder or non-negligent manslaughter: The willful (non-negligent) killing of one human being by another.

Manslaughter by Negligence: The killing of another person through gross negligence.

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident- Based Reporting System User Manual from the FBI UCR Program, A sex offender is “any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.”

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration be a sex organ of another person, without the consent of a victim.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. The type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapons is used which could and probably would result in a serious personal injury if the crime were successfully completed).

Burglary: The unlawful entry of a structure to commit a felony or theft. For reporting purposes this definition includes: unlawful entry with intent to commit larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taking by persons not having lawful access even though the vehicles are later abandoned – including joyriding.)

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Hate crimes include all of the criminal offenses with the addition of intimidation, vandalism, larceny, and simple assault. The additional crimes will only be counted in the Clery statistic if they are motivated by hate.

Intimidation
To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Destruction/Damage/Vandalism of Property
To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Larceny-Theft
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

Simple Assault
An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

A hate crime is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group or persons. Although there are many possible categories of bias, under Clery, only the following are reported:

• Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
• Ethnicity: A preformed negative opinion or attitude toward a group of persons of the same race who share common or similar traits, languages, customs and traditions (e.g., Arabs, Hispanics).
• National Origin: A preformed negative opinion or attitude towards a group of persons of the same country or area of birth.
• Gender: A preformed negative opinion or attitude toward a group of persons because of those persons are male or female.
• Gender Identity: Bias based on gender is a preformed negative opinion or attitude toward a group of persons because of actual or perceived gender-related characteristics.
• Race: A preformed negative attitude toward a group of persons who possess a common physical characteristic.
• Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being.
• Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their sexual attraction towards, and responsiveness to, members of their own sex or members of the opposite sex.