Clery Act Quick Guide

Clery Act Quick Guide

Clery Act Reportable Crimes

Homicide

  • Murder/non-negligent manslaughter: the willful (non-negligent) killing of one human being by another

 

  • Negligent Manslaughter: the killing of another person through gross negligence

Sexual Assault

  • 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 or another person, without the consent of the victim. 

  • Fondling: 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 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 age of consent. 

Robbery

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

Unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury 

Burglary

Unlawful entry of a structure to commit a felony or a theft 

Motor Vehicle Theft

The theft or attempted theft of a motor vehicle 

Arson

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.

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 the relationship
  • the frequency of interaction between the persons involved in the relationship

Domestic Violence

Felony or misdemeanor crimes 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…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

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 

Liquor Law Violation

The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages

Drug Law Violation

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

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

Hate Crime: a criminal act involving one or more of the aforementioned crimes, as well as the crimes of

(A) Larceny/Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

(B) 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.

(C) Destruction of Property/Vandalism: 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.

(D) 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 physical attack.

As well as any other crime involving bodily injury which is shown or suspected to have been motivated by bias against any person or group of persons, or the property of any person or group of persons based upon the perception that the person or group has one or more of the following characteristics:

(A) Ethnicity/National Origin: A performed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs, and traditions (e.g. Arabs, Hispanics).

(B) Race: A performed negative opinion or attitude toward a group of persons who possess common physical characteristics (e.g. color of skin, eyes, and/or hair, facial features, etc.) genetically transmitted by descent and heredity, which distinguish them as a distinct division of humankind (e.g. Asians, blacks, whites).

(C) Religion: A performed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g. Catholics, Jews, Protestants, atheists).

(D) Disability: A performed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.

(E) Gender: A performed negative opinion or attitude toward a group of persons because those persons are male or female.

(F) Sexual Orientation: A performed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex (e.g. gays, lesbians, heterosexuals).

(G) Gender Identity: A performed negative opinion or attitude toward a group of persons based on their actual or perceived gender identity (e.g., bias against transgender or gender non-conforming individuals).


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