Clery Act Guide: Crime Class Definitions

• Murder and Nonnegligent Manslaughter – The willful (non-negligent) killing of one human being by another.
• Negligent Manslaughter – The killing of another person through gross negligence.
• Sex Offense Forcible (F) – 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: forcible rape, forcible sodomy, sexual assault with an object, forcible fondling and attempted rape.
• Sex Offense Non Forcible (N) – Unlawful, non-forcible sexual intercourse: incest and statutory rape.
• 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 is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury results from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
• 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 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 in all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned—including joyriding.)
• Hazing – Hazing is defined as any intentional, knowing, or reckless act occurring on or off campus, committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that is committed in the course of an initiation into, an affiliation with, or maintenance of a membership in an organization; and causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury.
• 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
• Disciplinary Referrals – Incidents in which a student was not arrested but was referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession. Do not include disciplinary referrals for violation of university policy if there was no violation of the law. For example, if a student of legal drinking age violates a “dry campus” policy and is referred for disciplinary action, this statistic should not be included in the crime statistics.
• Liquor Law Violation – 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 any attempts to commit any of the foregoing violations. This list does not include public drunkenness and driving under the influence.
• Drug Law Violation – Violations of State and local laws related to the 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 nonnarcotic drugs (barbiturates, Benzedrine).
• Weapon Law Violation – The violation of laws or ordinances regulating weapons.
• Hate Crimes – Any crime that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race, religion, gender, sexual orientation, ethnicity or physical/mental disabilities.

The following crimes only apply to hate crime reporting:

• Simple Assault – Assaults and attempted assaults where no weapon was used and which did not result in serious or aggravated injury to the victim. (This only applies in hate crime reporting).
• Larceny-Theft – The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
• Vandalism – To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.
• Intimidation – To intentionally say or do something which would cause a person of ordinary sensibilities to be fearful of bodily harm.