Definition of Clery Offenses
Crime Definitions for Hate Crimes
Definition of Clery Offenses
- Aggravated Assault – an unlawful attack by one person upon another wherein the offender uses a dangerous weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury, or where there was a risk for serious injury/intent to seriously injure.
- Arson – to unlawfully and intentionally damage or attempt to damage any real or personal property of another person or entity by fire or incendiary device.
- Burglary – the unlawful entry into a building or some other structure to commit a felony or 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 relationship between the offender and victim is determined based on the following factors: (1) the length of the relationship, (2) the type of relationship, and (3) the frequency of interaction between the persons involved in the relationship.
- Domestic Violence – a pattern of behavior involving the use or attempted use of physical, sexual, verbal, psychological, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, by a person who— (A) is a current or former spouse or dating partner of the victim, or other person similarly situated to a spouse of the victim; (B) is cohabitating with or has cohabitated with the victim as a spouse or dating partner; (C) shares a child in common with the victim; (D) is an adult family member of, or paid or nonpaid caregiver in an ongoing relationship of trust with, a victim aged 50 or older or an adult victim with disabilities; or (E) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
- Drug Law Violation – the unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled substance.
- 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 unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
- 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.
- Incest – nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Liquor Law Violation – the violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages.
- Motor Vehicle Theft – the theft of a motor vehicle.
- Murder and Nonnegligent Manslaughter – the willful (nonnegligent) killing of one human being by another.
- Negligent Manslaughter – the killing of another person through gross negligence.
- Rape – the carnal knowledge of a person, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
- Robbery – the taking of anything of value from the control, custody, or care of another person by force or threat of force and/or by putting the victim in fear of immediate harm.
- Sexual Assault – any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. Sexual assault may include the crimes of forcible rape, attempted forcible rape, assault with intent to rape, statutory rape, and other sexual offenses.
- Stalking – a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
- Statutory Rape – nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Crime Definitions for Hate Crimes
- Intimidation – to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, with without displaying a weapon or subjecting the victim to actual physical attack.
- Larceny/Theft – the unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession, of another person.
- 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.
- Vandalism/Destruction of Property – to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without consent of the owner or the person having custody or control of it.