Clery Reportable Crimes

The Clery Act requires institutions to disclose statistics and issue timely warnings based on the types of crimes that were reported and where they occurred. The following is a list of Clery Act crimes as defined by federal law:
  • General Criminal Offenses
    • Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
    • Manslaughter by Negligence: The killing of another person through gross negligence.
    • 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. This offense includes the rape of both males and females.
    • 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.
    • 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.
    • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
    • 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.
    • Hate Crime: A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
      • Under the Clery Act, the following 8 categories of bias are reported: race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and disability.
      • Hate crimes include any of the above-listed offenses that are motivated by bias, plus any instances of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that is motivated by bias.
        • Larceny-theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
        • 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.  
        • 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.
        • Destruction, Damage, or Vandalism of Property: 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.
  • Dating Violence, Domestic Violence, Stalking

    The Violence Against Women Reauthorization Act of 2013 (“VAWA 2013”), amended the Clery Act to require institutions to also disclose incidents of dating violence, domestic violence, and stalking reported to have occurred on university Clery geography.

    • 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 and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    • 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; 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.
    • Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.
  • Arrests and Disciplinary Referrals for Violations of Weapons, Drug and Liquor Laws

    Institutions must disclose the number of arrests and the number of persons referred for disciplinary action for the following law violations:

    • Weapon Law Violations: 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. This classification encompasses weapons offenses that are regulatory in nature.
    • Drug Law Violations: 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. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance.
    • Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.

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