**Remember report incidents by person, not situation. If there were 13 people who violated a law in an MIP situation that would count as 13 clery 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 transport 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.

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).

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 product death or great bodily harm. Simple assaults are excluded.

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building house, public building, motor vehicle or aircraft, personal property of another, etc. *Only fires determined through investigation to have been willfully or maliciously set are classified as arsons. Arson is therefore the only Clery Act offense that must be investigated before it can be disclosed. If other Clery Act offenses were committed during the arson incident, the most serious in counted in addition to the arson.

The violation of laws or ordinances dealing with weapons offences, 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.

Murder – the willful (non-negligent) killing of one human being by another.

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.

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. 

Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age and/or because of his/her temporary or permanent mental incapacity. 

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.

Violence including, but is not limited to, sexual or physical abuse or the threat of such abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of such a relationship shall be determined based on the reporting party’s statement and with consider¬ation of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.  Dating violence does not include acts covered under the definition of domestic violence.

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship hall be determined based on the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Engaging in a course of conduct* directed at a specific person that would cause a reasonable person** to 1) fear for the person’s safety or the safety of others, or 2) suffer substantial emotional distress***.

*Course of conduct means two or more acts, including, but not limited to, acts in which the stalked 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.  

**Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. 

***Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medial or other professional treatment or counseling.

The taking or attempted 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.

The unlawful entry of a structure to commit a felony or theft. Attempted forcible entry is included.

The theft of attempted theft of a motor vehicle. A motor vehicle is self-propelled and runs on the surface and not on rails. Motorboats, construction equipment, airplanes, and farming equipment are specifically excluded from this category.

The Clery Act requires institutions to collect crime statistics for hate crimes associated with either the commission of a primary crime or the lesser offenses of larceny-theft, simple assault, intimidation, destruction of or vandalism of a building(s) or property.  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.  

Under the Clery Act, Hate Crimes include any of the following offenses motivated by bias: 

• Murder and Non-Negligent Manslaughter
• Sexual Assault
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
• Larceny-Theft
• Simple Assault
• Intimidation
• Destruction/Damage/Vandalism of Property

*Larceny-Theft, Simple Assault, Intimidation, and Destruction/Damage/Vandalism of Property are included in Clery Act Statistics only if they are Hate Crimes.

Larceny Theft – The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. 

Simple Assault – An unlawful physical attack by one person on 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 conduct, but without displaying a weapon or subjecting the victim to an actual attack.  Includes cyber intimidation if the victim is threatened on Cyber geography.

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 the property.