Clery Crime Definitions

Definitions of Clery Act Crimes

  • Criminal 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 is defined as 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 is defined as 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 is defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape is defined as nonforcible sexual intercourse with a person who is under the statutory age of consent.
  • 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.
  • Burglary – The unlawful entry of a structure to commit a felony or theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with the intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
  • Larceny-Theft – The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.
  • Motor Vehicle Theft (Stolen Vehicle) – The theft or attempted theft of a motor vehicle. include joyriding and unauthorized use.
  • 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.
  • Vandalism – To willfully or maliciously destroy, injure, disfigure or deface 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.
  • Intimidation – To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
  • 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.
  • 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.
  • Stalking – A course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.
  • Other Assaults-Simple, Not Aggravated - All other assaults that do not use the use of a firearm, knife, cutting instrument or other dangerous weapon and in which the victim did not sustain serious or aggravated injury. This type of assault may require basic first aid.