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Crime Definitions

Under the Clery Act, statistics based on definitions provided by the Federal Bureau of Investigation's (FBI’s) Uniform Crime Reporting (UCR) Program are used to count and disclose criminal offenses, hate crimes, arrests, and disciplinary referrals.

A photo of the dictionary definition of crime.

About These Definitions

The definitions for aggravated assault, arson, burglary, drug abuse violations, liquor law violations, motor vehicle theft, murder, rape, robbery, and weapons law violations are from the Summary Reporting System (SRS) User Manual from the FBI’s UCR program.

The definitions of fondling, incest, and statutory rape are from the FBI’s National Incident-Based Reporting System (NIBRS) Data Collection Guidelines edition of the UCR. The FBI classifies hate crimes according to its Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Manual.

Although the law states that institutions must use the UCR Program definitions, Clery Act crime reporting does not have to meet all the other UCR program standards.

Aggravated Assault

An unlawful attack by one person upon another for the purposes of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or means likely to produce death or great bodily harm.

Arson

A 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.

Bias Crime

See Hate Crime

Burglary

The unlawful entry of a structure to commit a felony or a theft.

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, considering the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.

For this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Any incident meeting this definition is considered a crime for Clery Act reporting.

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; any other person who, under the domestic or family violence laws of the jurisdiction where the crime occurred, protects an adult or youth victim from that person's acts.

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).

Hate Crime (Hate/Bias Incidents)

Any criminal offenses that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Bias categories under the Clery Act involve the victim’s actual or perceived: race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and disability.

Larceny

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

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.

Note: Drunkenness and driving under the influence are not included in this definition.

Manslaughter by Negligence

The killing of another person through gross negligence.

Motor Vehicle Theft

The theft of a motor vehicle.

Note: A “motor vehicle” is a self-propelled vehicle that runs on the surface of the land and not on rails, and which includes automobiles, buses, recreational vehicles, trucks, motorcycles, motor scooters, trail bikes, mopeds, snowmobiles, and golf carts.

Murder & 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.

Sexual Assault

An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

Sex Offenses

Any sexual acts directed against another person, without the 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.

Stalking

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

For this definition:

  • 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.
  • “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
  • “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Any incident meeting this definition is considered a crime for Clery Act Reporting.

Weapon Law Violations

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.

Unfounded Crimes

Before a crime is classified as “unfounded”, it is fully investigated by DPSS, Police Department officers and investigators and found to be false or baseless, meaning that the crime did not occur or was never attempted. Arrests and Disciplinary Referrals cannot be unfounded.