CRIME CODE DEFINITIONS
The Clery Act, formally known as the Campus Crime and Security Act, mandates the reporting of certain offenses. The following definitions are in accordance with: the Federal Bureau of Investigation's Uniform Crime Reporting Handbook, the National Incident-Based Reporting System, the Violence Against Women Act of 1994 (VAWA), and the Handbook for Campus Crime Reporting.
- 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.
The taking or attempting to take anything of value from another person or persons by force or threat of force or violence and/or by putting the victim in fear.
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.
The unlawful entry of a structure with the intent to commit a felony or theft. A structure is defined as having four walls, a roof, and a door. The unlawful entry into a structure must show evidence that the entry was made in order to commit a felony or theft. If the intent was not to commit a felony or theft, or if the intent cannot be determined, the proper classification is Larceny.
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 attempts and joyriding.)
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.
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; and all attempts to commit any of the aforementioned.
Drug Law 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); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
Liquor Law Violations
The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition).
Domestic Violence (Sec. 40002(a), VAWA (42 USC 13925(a)(8)))
Includes felony or misdemeanor crimes 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 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 receiving grant monies, 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.
Dating Violence (Sec. 40002(a), VAWA (42 USC 13925(a)(10)))
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; and
(B) Where the existence of such a relationship shall be determined based on a consideration of the following:
(i) Length of the relationship,
(ii) Type of relationship
(iii) Frequency of interaction between the persons involved in the relationship
Stalking (Sec. 40002(a), VAWA (42 USC 13925(a)(30)))
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/her safety or the safety of others; or
(B) Suffer substantial emotional distress
A criminal act involving any of the above or below listed crimes that were motivated by bias against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, gender, gender identity, sexual orientation, or disability of the person or group, or bias based upon the perception that the person or group has one or more of those characteristics.
Larceny-Theft (Except Motor Vehicle Theft)
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.
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.
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.
The following sex offense definitions are from the Uniform Crime Reporting Program.
Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or without that person’s consent when the victim is incapable of giving consent (Includes attempts.)
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 definition includes any gender of victim or perpetrator. Sexual penetration means 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, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
- Incest - sexual intercourse between persons who are related to one another within the degrees wherein marriage is prohibited.
- Statutory rape - consensual intercourse with a person who is under the age of consent (18yrs).
Sexual Battery – Forcible Fondling
The touching of intimate 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 age or his/her temporary or permanent mental incapacity.
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Sexual intercourse with a person who is under the statutory age of consent. In California the statutory age of consent is 18 years.
The Disciplinary Referrals table specifies the number of non-arrest referrals to the Judicial Affairs Officer and number of incidents adjudicated by the Director of Student Housing. The following reported numbers may be duplicated in more than one reporting area.
In the occasion that reported crimes, through careful investigation, are unsubstantiated, falsely reported, or found to have occurred in an area outside of the Clery geographical reporting requirements (On Campus, Campus Residential, Non-Campus Buildings recognized by University, Public Property directly adjacent to University) then those cases will ultimately have a disposition of “unfounded” and will not be included in the Annual Security Report statistics. The number of unfounded crimes will be listed at the end of this report.