Clery Act Crime Definitions

The Clery Act requires the college to collect and report statistics on the following crimes:

• Murder
  The willful (non-negligent) killing of one human being by another.
• Non-Negligent Manslaughter
  The killing of another person through gross negligence
• Forcible Sex Offenses
  Any sexual act directed against another person, 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.
  
  Types of Forcible Sex Offenses:
  • Forcible Rape is the carnal knowledge of a person, 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 temporary or permanent mental or physical incapacity (or because of his/her youth). This offense includes the forcible rape of both males and females.
  • Forcible Sodomy is oral or anal sexual intercourse with another person, 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
  • Sexual Assault With an Object is the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, 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. An object or instrument is anything used by the offender other than the offender’s genitalia.
  • Forcible Fondling is 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 incapacity.
• Non-Forcible Sex Offenses
  Unlawful, non-forcible sexual intercourse (includes only Incest and Statutory Rape.
  
  Types of Non-Forcible Sex Offenses
  • Incest
    Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape
    Non-forcible 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 a 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.

Additional crimes to be reported IF they have a bias component

Bias categories:

• Race
• Gender
• Gender Identity
• Religion
• Sexual Orientation
• Ethnicity
• National Origin
• Disability

Crimes to be reported if there is bias

• Larceny (Theft) (counted only if there is a bias component)
  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 (counted only if there is a bias component)
  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 (counted only if there is a bias component)
  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 (counted only if there is a bias component)
  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.

Arrests and referrals for law violations

Weapons Law Violation
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 Violation
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. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.

• In Massachusetts does not count possession of marijuana of an ounce or less; however does count possession of any device used to imbibe said amount of marijuana (bongs, etc.)

 

Alcohol Law Violation
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.

• Does not include possession of alcohol by persons 21 or older where such possession is legal but is in violation of college policies 

Source: U.S. Department of Education Handbook for Campus Safety & Security