Clery Crime Definitions
Major Clery Reportable Crimes
- 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. 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.
- Arson: the willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another.
- Burglary: the unlawful entry of a structure to commit a felony or a theft. This includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a theft; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
- Hate crime related offenses: crimes or incidents characterized by bias against race, gender, gender identity, religion, sexual orientation, ethnicity, national origin and/or disability.
- 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.)
- Murder/non-negligent manslaughter: the willful (non-negligent) killing of one human being by another. EXCLUDE: Deaths caused by negligence, attempts to kill, assaults, suicides, accidental deaths and justifiable homicides.
- Negligent manslaughter: the killing of another person through gross negligence.
- Robbery: the taking or attempting to take anything from value of 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.
- Sex offenses
- Rape: the carnal knowledge of a person, 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 or physical incapacity.
- Forcible 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 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.
- Incest: Non-forcible sexual penetration between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory rape: Non-forcible sexual penetration with a person who is under the statutory age of consent.
- Simple assault/assault 4th degree: assault of a person by another under circumstances not amounting to assault in the first, second, or third degree, or custodial assault. DON’T REPORT UNLESS ALSO A HATE CRIME or DOMESTIC/DATING VIOLENCE.
- Theft: (a) to wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or (b) by color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or (c) to appropriate lost or mis-delivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services. DON’T REPORT UNLESS ALSO A HATE CRIME or DOMESTIC/DATING VIOLENCE.
Violence Against Women Act (VAWA) Offenses, also reportable under the Clery Act
- Dating violence: any crime perpetrated by an individual upon another with whom s/he is involved in a romantic relationship that does not meet RCW definitions of domestic violence (e.g., the victim or suspect was under 16 years of age).
- Domestic violence: any crime perpetrated by one family/household member upon another family/household member or between those in a dating relationship.
- Stalking: without lawful authority and under circumstances not amounting to a felony attempt of another crime, a person intentionally and repeatedly harasses or repeatedly follows another person, and the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation experience under all the circumstances. Also, the stalker either intends to frighten, intimidate, or harass the person, or knows or reasonably should know that the person is afraid, intimidated or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
Liquor and Drug Violations
The Clery Act also requires disclosure of statistics for liquor law violations, drug law violations, and weapons possession. Reports of these violations are made differently, and reflect the total number of individuals arrested or referred for campus disciplinary action, rather than total number of incidents.
- Liquor law violations: violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnish, 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. Do not include drunkenness and driving under the influence.
- 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).
- 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.