Clery Crime Classifications
Criminal homicide: These offenses are separated into two categories: Murder and Non-negligent, Manslaughter, and Negligent Manslaughter.
A) Murder and Non-negligent Manslaughter is defined as the willful (non-negligent) killing of one human being by another.
B) Negligent Manslaughter is defined as the killing of another person through gross negligence.
Sex offenses: Sex offenses are separated into two categories: forcible and non-forcible.
A) Forcible, which is defined as any sexual act directed against another person, 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.
B) Non-forcible, which is defined as unlawful, non-forcible sexual intercourse “and includes incest and statutory rape.”
Robbery: Robbery is 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: Aggravated assault is 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: Burglary is the unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft: Motor vehicle theft is the theft or attempted theft of a motor vehicle.
Arson: Arson is 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.
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;
B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
1) The length of the relationship
2) The type of relationship
3) The frequency of interaction between the persons involved in the relationship C) Dating violence includes sexual or physical abuse or the threat of such abuse D) Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence: The term “domestic violence” includes felony or misdemeanor crimes of violence committed;
A) by a current or former spouse or intimate partner of the victim,
B) by a person with whom the victim shares a child in common,
C) by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
D) 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
E) by any other person against an adult or youth victim who is protected for that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Stalking: 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;
B) Suffer substantial emotional distress
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; all attempts to commit any of the aforementioned.
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’s); and dangerous non-narcotic drugs (Barbiturates, Benzedrine).
Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)
A Hate Crime: Is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation, ethnicity, national origin or gender identity.
The Clery Law requires the reporting statistics for bias-related (hate) crimes by the type of bias as defined below for the following classifications: murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations drug abuse violations and/or weapons: possessing carrying, etc. (see definitions on the front page) and larceny-theft, destruction/damage/vandalism of property, intimidation, and simple assault (see definitions below).
Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
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 and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
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.
If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault or other bodily injury, the law requires that the statistics be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document.
A bias-related (hate) crime is not a separate, distinct crime, but is the commission of a criminal offense, which was motivated by the offender’s bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his bias against the victim’s race, sexual orientation, etc., the assault is then also classified as a hate crime.