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Appendix A - Definitions

Clery Act Crimes

The Clery Act requires institutions to disclose three general categories of crime statistics:

· Types of Offenses

· Hate Crimes

· Arrests and Referrals for Disciplinary Action for Liquor, Drug & Weapon Law Offenses.

The definitions of these crimes are taken from the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting Handbook (UCR) as required by the Clery Act.

Murder and Non-negligent Manslaughter

The willful (non-negligent) killing of one human being by another.

Negligent Manslaughter

The killing of another person through gross negligence.

Sex Offenses-Forcible

Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

          A.  Forcible Rape

The carnal knowledge of a person, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

          B. Forcible Sodomy

Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual Assault with an Object

The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

 D. Forcible Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her  temporary or permanent mental or physical incapacity.

Sex Offenses-Non-Forcible

Unlawful, non-forcible sexual intercourse.

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

B. Statutory Rape

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

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.  This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

A weapon is any commonly known weapon (gun, knife, club, etc.) or any other item which, although not usually thought of as a weapon, becomes one in the commission of a crime.  It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon that could cause serious personal injury is used. 

Burglary

The unlawful entry of a structure to commit a felony or a theft.  For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or a 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.  (Included in this classification are all cases where automobiles are taken by persons not having lawful access even if the vehicles are later abandoned. 

Joyriding is included in this classification).

Arson

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

Illegal Weapons Possession

The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.  Included in this classification is the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; use, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the above.

Drug Law Violations

Violations of laws prohibiting the production, distribution, and/or use of certain controlled substances, and the equipment or devices utilized in their preparation and/or use.  The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance.

Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.  The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics or manufactured narcotics which can cause true addiction (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations

The violation of state or local laws or ordinance prohibiting the manufacture, sale, purchases, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.  Included in this classification is the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. 

Hate Crime

Any of the reportable Clery crimes or others that involve bodily injury, larceny-theft, simple assault, destruction/damage/vandalism of property, or intimidation are committed against a victim who was intentionally selected because of the victim’s actual or perceived race (RA), gender (G), religion (RE), sexual orientation (SO), ethnicity/national origin (E) or disability (D).

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Page Updated 09/16/2014