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Clery Crime Definitions

Clery Act Crimes

The Clery Act requires institutions of higher education to collect, count and classify reports of crimes from four general categories: Criminal Offenses, Hate Crimes, VAWA Offenses, and Arrests and Referrals for Disciplinary Action. A breakdown of the four categories of crime categories, along with definitions for each crime, is contained below.


Criminal Offenses

Criminal Homicide

A. Murder and Non-Negligent Manslaughter:

The willful (non-negligent) killing of one human being by another. NOTE: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

B. Manslaughter by Negligence:

The killing of another person through gross negligence.

Sexual Assault (Sex Offenses):

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. NOTE REGARDING DATE RAPE DRUGS: Under Clery, the administration of a date rape drug in an unsuccessful attempt to incapacitate and sexually assault the victim, and investigation determines that the perpetrator’s attempt was to commit a sex offense, is a sexual assault. Administration of a date rape drug in which intent cannot be proven is an Aggravated Assault.

A. 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. NOTE: This definition encompasses acts of sodomy and sexual assault with an object.

B. Fondling:

The 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 temporary or permanent mental or physical incapacity.

C. Statutory Rape:

The non-forcible sexual intercourse with a person who is under the age of consent. For the State of Idaho if the female is under 16 and the male is 18 years of age or older, or the female is 16 or 17 and the male is at least three years older than the female. Note that if force was used or threatened or the victim was incapable of giving consent because of age or temporary or permanent mental impairment, classify as rape, not statutory rape.

D. Incest:

The non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

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:

The 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. It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could or probably would result in a serious potential injury if the crime were successfully completed. Aggravated assault includes poisoning (date rape drug, etc.)

Burglary:

The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft:

The theft or attempted theft of a motor vehicle.(Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned – including joy riding).

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 Crimes

A hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. 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.

A. Race:

A preformed negative 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).

B. Gender:

A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.

C. Religion:

A preformed 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 preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

E. Sexual Orientation:

A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.

F. Ethnicity:

A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term race in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.

G. National Origin:

A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.

H. Gender Identity:

A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity (e.g., transgender or gender non-conforming individuals).

For the purposes of Clery, hate crimes include any offense in the following group that is motivated by bias. FBI UCR General and Hate Crimes include:

  • Murder and Non-negligent manslaughter
  • Forcible sex offenses
  • Non-forcible sex offenses
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson
  • Larceny/Theft
  • Simple Assault
  • Intimidation
  • Destruction/Damage/Vandalism of Property

FBI UCR Crime Definitions for Crimes Specifically Used for Hate Crimes

Larceny/Theft:

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another (Larceny and theft mean the same thing in the UCR). Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.

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/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.

VAWA Offenses

Domestic Violence

A. Federal Definition:

(1) A felony or misdemeanor crime of violence committed:

(i) By a current or former spouse or intimate partner of the victim

(ii) By a person with whom the victim shares a child in common

(iii) By a person who is cohabitating with or has cohabitated with the victim as a spouse or a partner

(iv) By a person similarly situated to a spouse of the victim under the domestic violence laws of the jurisdiction in which the crime of violence occurred, or

(v) 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.

B. State of Idaho Definition:

(1) For the purpose of this section:

(a) “Household member” means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.

(b) “Traumatic injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

(2) (a) Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury upon any other household member is guilty of a felony….

(3) (a) A household member who commits an assault, as defined in section 18-901, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic assault.

(b) A household member who commits a battery, as defined in section18-903, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic battery….

Dating Violence

A. Federal Definition:

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

(1) 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.

(2) For purposes of this definition:

(i) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(ii) Dating violence does not include acts covered under the definition of domestic violence.

(3) For the purposes of complying with the requirements of this section, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

B. State of Idaho Definition:

Definitions (1) “Domestic violence” means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.

(2) “Dating relationship,” for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:

(a) The nature of the relationship;

(b) The length of time the relationship has existed;

(c) The frequency of interaction between the parties; and

(d) The time since termination of the relationship, if applicable

Stalking

A. Federal Definition:

(1) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(i) Fear for the person’s safety or the safety of others; or

(ii) Suffer substantial emotional distress

(2) For the purposes of this definition:

(i) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

(ii) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(iii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

B. State of Idaho Definition of 1st Degree Stalking:

(1) A person commits the crime of stalking in the first degree if the person violates section 18-7906, Idaho Code, and:

(a) The actions constituting the offense are in violation of a temporary restraining order, protection order, no contact order or injunction, or any combination thereof; or

(b) The actions constituting the offense are in violation of a condition of probation or parole; or

(c) The victim is under the age of sixteen (16) years; or

(d) At any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon or instrument; or

(e) The defendant has been previously convicted of a crime under this section or section 18-7906, Idaho Code, or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment; or

(f) The defendant has been previously convicted of a crime, or an attempt, solicitation or conspiracy to commit a crime, involving the same victim as the present offense under any of the following provisions of Idaho Code or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment:

(i) Chapter 9, title 18;

(ii) Chapter 15, title 18;

(iii) Chapter 61, title 18;

(iv) Section 18-4014 (administering poison with intent to kill);

(v) Section 18-4015 (assault with intent to murder);

(vi) Section 18-4501 (kidnapping);

(vii) Section 18-5501 (poisoning);

(viii) Section 18-6608 (forcible sexual penetration by use of foreign object);

(ix) Section 18-7902 (malicious harassment); or

(x) Section 18-8103 (act of terrorism).

C. State of Idaho Definition of 2nd Degree Stalking:

(1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously:(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or

(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.

(2) As used in this section:

(a) “Course of conduct” means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim, provided however, that constitutionally protected activity is not included within the meaning of this definition.

(b) “Family or household member” means:

(i) A spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, and persons related to the victim by blood, adoption or marriage; or

(ii) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or

(iii) A person living in the same residence as the victim.

(c) “Nonconsensual contact” means any contact with the victim that is initiated or continued without the victim’s consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim’s expressed desire that the contact be avoided or discontinued. “Nonconsensual contact” includes, but is not limited to:

(i) Following the victim or maintaining surveillance, including by electronic means, on the victim;

(ii) Contacting the victim in a public place or on private property;

(iii) Appearing at the workplace or residence of the victim;

(iv) Entering onto or remaining on property owned, leased or occupied by the victim;

(v) Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously regardless of whether a conversation ensues;

(vi) Sending mail or electronic communications to the victim; or

(vii) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.

(d) “Victim” means a person who is the target of a course of conduct.

Arrests and Referrals for Disciplinary Action for:

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

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 drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics – manufactured narcotics which can cause true addiction (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

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 included driving under the influence or drunkenness.