Definitions Used for Reporting Crimes
Please use the following definitions of crimes in reporting statistics for the Clery Act.
Federal Crime Definitions Under Clery 34 CFR 668 Appendix A
Definitions taken from Universal Crime Reporting Handbook 2004
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 Non-negligent 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 is used which could and probably would result in serious personal injury if the crime were successfully completed.)
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 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 taken by persons not having lawful access even though the vehicles are later abandoned—including joyriding.)
Weapons: Carrying, Possessing, Etc - 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.
Drug Abuse Violations - The violation 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.
Liquor Law Violations - The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
Sex Offense Reporting 34 CFR 668.46(b)11
Sexual Assault is considered a sexual offense or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation’s Crime Reporting program. After completion of the negotiated federal rule making these definitions will be codified in 34 CFR 668 Appendix A (See 34 CFR 668 Subpart D for more info). The Final Rule is scheduled to be Final on November 1, 2014.
Sex Offenses – Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
A. 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 (Definition effective 01/01/13 from FBI UCR). Also see “Frequently Asked Questions about the Change in the UCR Definition of Rape May 20, 2013”
Sodomy – Oral or anal sexual intercourse with another person, 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 or physical incapacity.
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, 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 or physical incapacity.
34 CFR 668 Appendix A has been updated to correspond with the 2013 UCR expanded definition of Rape (which includes the crimes of sodomy and sexual assault with an object).
B. 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 or physical incapacity.
C. Incest – Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
D. Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent
Hate Crime Reporting 34 CFR 668.46(c)3
Definitions From the Hate Crime Data Collection Guidelines of the Uniform Crime Reporting Handbook 2012 (Items in bold updated in VAWA Reauthorization)
An institution must report, by category of prejudice, the following crimes reported to local police agencies or to a campus security authority that manifest evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability.
Included crime categories are all federal crime categories listed previously above and the following:
Larceny-Theft (Except Motor Vehicle 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.
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.
Violence Against Women Act (VAWA) Crime Categories Additions
Definitions used in section the Violence Against Women Act of 1994 (42 U.S.C. 13925(a))
1. Domestic violence
The term ‘‘domestic violence’’ includes felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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.
2. Dating violence
The term ‘‘dating violence’’ means violence committed by a person—
- (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
- (i) The length of the relationship.
- (ii) The type of relationship.
- (iii) The frequency of interaction between the persons involved in the relationship.
The term ‘‘stalking’’ means engaging in a “course of conduct” directed at a specific person that would cause a reasonable person to—
- (A) fear for his or her safety or the safety of others; or
- (B) suffer substantial emotional distress.
******REPORTING FOR ON-CAMPUS HOUSING ONLY******
Fire Reporting 34 668.49(c) & 34 668.49(d)
An institution must report statistics for each on-campus student housing facility, for the three most recent calendar years for which data are available, concerning
- (i) The number of fires and the cause of each fire;
- (ii) The number of persons who received fire-related injuries that resulted in treatment at a medical facility, including at an on-campus health center;
- (iii) The number of deaths related to a fire; and
- (iv) The value of property damage caused by a fire.
An institution that maintains on-campus student housing facilities must maintain a written, easily understood fire log that records, by the date that the fire was reported, any fire that occurred in an on-campus student housing facility. This log must include the nature, date, time, and general location of each fire. Please note that only fires that occur in student housing are reported in the annual Clery report.
Definition of fire - Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.
1. “Any instance of open flame or other burning in a place not intended to contain the burning.” Some examples are:
- Trash can fire.
- Oven or microwave fire.
- Burning oven mitt on a stove.
- Grease fire on a stovetop.
- Flame coming from electric extension cord.
- Burning wall hanging or poster.
- Fire in an overheated bathroom vent fan.
- Couch that is burning without any flame evident.
- Fires in parking facilities and dining halls that are physically attached to and accessed directly from, on-campus student housing facilities.
2. “Any instance of open flame or other burning in an uncontrolled manner.” Some examples are:
- Chimney fire.
- Gas stove fire.
- Fuel burner or boiler fire.
Do not include:
- Sparks or smoke where there is no open flame or other burning.
- Such incidents as burnt microwave popcorn that trigger fire alarms or smoke detectors but there are no open flames or other burning.
- Fires in parking facilities and dining halls that are not physically attached to and accessed directly from on-campus student housing facilities, even if the facilities are reserved for the use of residents in those housing facilities.
A. On-campus – Defined as (1) Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence cottages and (2) Any building or property that is within or reasonably contiguous to the area identified in paragraph (1) of this definition, that is owned by the institution but controlled by another person, if frequently used by students and supports institutional purposes (such as a food or retail vendor).
B. Non-Campus Building or Property – Defined as (1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by student’s, and is not within the same reasonably contiguous geographic are of the institution.
C. Public Property – Defined as all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus.