Part 1 – Primary Crimes

1. MURDER AND NON NEGLIGENT MANSLAUGHTER

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

2.NEGLIGENT MANSLAUGHTER

The killing of another person through gross negligence.

3. 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. Simple assaults
are excluded.

4. 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.

Note that only fires determined through investigation to have been willfully or maliciously
set are classified as arsons. Arson is therefore the only Clery Act offense that must
be investigated before it can be disclosed. If other Clery Act offenses were committed
during the arson incident, the most serious is counted in addition to the arson.

5. BURGLARY

The unlawful entry of a structure to commit a felony or a theft. Attempted forcible
entry is included.

6. 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.

7. MOTOR VEHICLE THEFT

The theft or attempted theft of a motor vehicle. A motor vehicle is self-propelled
and runs on the surface and not on rails. Motorboats, construction equipment, airplanes,
and farming equipment are specifically excluded from this category.

 

Sex Offenses

The Clery Act has four defined sex offenses for which crime statistics must be collected
on Clery geography. They are: rape, fondling, incest and statutory rape.

 

8. RAPE

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

9. 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 and/or because of his/her temporary
or permanent mental incapacity.

10. INCEST

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

11. STATUTORY RAPE

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

 

Part 2 – Alcohol, drug and weapon violations

The Clery Act requires institutions collect statistics for violations of state law
and or ordinances for drug, alcohol and weapons violations.

 

12. LIQUOR LAW VIOLATIONS

The violation of laws or ordinances prohibiting: the manufacture, sale, transporting,
furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places;
bootlegging; operating a still; furnishing liquor to a minor or intemperate person;
using a vehicle for illegal transportation of liquor; drinking on a train or public
conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and
driving under the influence are not included in this definition.)

13. WEAPONS POSSESSION

The violation of laws or ordinances dealing with weapon offenses, regulatory in nature,
such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons,
concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly
weapons; and all attempts to commit any of the aforementioned.

14. DRUG ABUSE VIOLATIONS

Violations of State and local laws 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 (Demerol, Methadone); and dangerous non-narcotic drugs (Barbiturates, Benzedrine).

 

Part 3 – Hate Crimes

The Clery Act requires institutions collect crime statistics for hates crime associated
with either the commission of a primary crime or the lesser offenses of larceny-theft,
simple assault, intimidation, destruction of or vandalism of a buildings or property.

 

15. HATE CRIMES

A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected
because of the perpetrator’s bias against the victim.

Under the Clery Act, Hate Crimes include any of the following offenses motivated by bias: Murder and
Non-negligent Manslaughter, Sexual Assault, Robbery, Aggravated Assault, Burglary,
Motor Vehicle Theft, Arson, Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism
of Property. Larceny-Theft, Simple Assault, Intimidation, and Destruction/Damage/Vandalism
of Property are included in your Clery Act statistics only if they are Hate Crimes

Larceny-theft

The unlawful taking, carrying, leading, or riding away of property from the possession
or constructive possession of another.

Simple Assault

An unlawful physical attack by one person on 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.

Intimidation

To unlawfully place another person in reasonable fear of bodily harm through the use
of threatening words and/or conduct, but without displaying a weapon or subjecting
the victim to actual attack. Includes cyber-intimidation if victim is threatened on
Clery geography.

Destruction, damage or 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 the property.

 

Part 4: Violence Against Women Act (2013) Crimes

16. Domestic Violence

A felony or misdemeanor crime of violence committed by a current or former spouse
or intimate partner of the victim; by a person with whom the victim shares a child
in common; by a person who is cohabitating with or has cohabitated with the victim
as a spouse or intimate partner; by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the jurisdiction in which the
crime of violence occurred; or by any other person against an adult or youth victim
who is protected from that person’s acts under the domestic or family violence laws
of the jurisdiction in which the crime of violence occurred.

17. Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic
or intimate nature with the victim. The existence of such a relationship shall be
determined based on the reporting party’s statement with consideration of the length
of the relationship, the type of relationship, and the frequency of interaction between
the persons involved in the relationship.

18. Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable
person to (1) fear for the person’s safety or the safety of others; or (2) suffer
substantial emotional distress.

Course of conduct means two or more acts, including, but not limited to, acts in which
the stalker directly, indirectly, or through third parties, by any action, method,
device, or means follows, monitors, observes, surveils, threatens, or communicates
to or about, a person, or interferes with a person’s property.

Substantial emotional distress means significant mental suffering or anguish that
may, but does not necessarily, require medical or other professional treatment or
counseling.

Reasonable person means a reasonable person under similar circumstances and with similar
identities to the victim.