Jeanne A. Clery Act Definitions
General crime definitions
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.
Criminal Homicide – Manslaughter by Negligence – The killing of another person through gross negligence.
Criminal Homicide – Murder and Nonnegligent Manslaughter – The willful (non-negligent) killing of one human being by another.
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. (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. This definition includes: unlawful entry with intent to commit a 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, including all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including joyriding.
Weapon Law Violations – The violation of laws or ordinances dealing with weapon offenses.
Drug Abuse Violations – Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Liquor Law Violations – The violation of laws or ordinances relating to 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.)
Sexual Assault – 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 by a sex organ of another person, without the consent of the 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.
- Incest– Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape– Sexual intercourse with a person who is under the statutory age of consent.
Domestic violence
A felony or misdemeanor crime of violence committed by –
- a current or former spouse or intimate partner of the victim,
- a person with whom the victim shares a child in common,
- a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
- 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
- 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.
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; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- the length of the relationship;
- the type of relationship; and
- the frequency of interaction between the persons involved in the relationship
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress
Additional Hate Crime Data must be Collected and Reported according to category of prejudice
- Larceny-theft
- Simple assault
- Intimidation
- Destruction, damage, or vandalism of property
Larceny is defined as the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
Simple Assault is defined as 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.
Intimidation is defined as unlawfully placing 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.
Vandalism is defined as willfully or maliciously destroying, injuring, disfiguring, or defacing any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.
Further, an institution can be the victim of the crime, e.g., graffiti in an elevator not directed toward a particular person or group. Federal guidelines call for us only to count an incident when there is evidence that the perpetrator was motivated to commit the crime based on his/her bias.