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Clery Crime Definitions

Clery Act Crime Definitions*

Murder/Non-Negligent Manslaughter:
The willful (non-negligent) killing of one human being by another. NOTE: deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.
Negligent Manslaughter:
The killing of another person through gross negligence.
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. Note: 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.
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.
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 a felony: breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
Motor Vehicle Theft:
TThe 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.)
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 kind.
Domestic Violence:
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 or has cohabitated with the victim as a spouse or intimate partner, or, in accordance with Vermont law [15 V.S.A. § 1101], by persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or who have dated [“household members”].
Dating Violence:
Due to the inclusion of “household members” in the definition of domestic violence under Vermont law [15 V.S.A. § 1101], ‘Dating Violence’ is not separately reportable by the University of Vermont.
Stalking:
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

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Sex Offenses - Forcible:

Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.

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.
Sodomy:
Oral or anal sexual intercourse with another 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.
Sexual Assault With An Object:
To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another 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.
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 or because of his/her temporary or permanent mental or physical incapacity.

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Sex Offenses - Non-forcible

Unlawful, non-forcible sexual intercourse.

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.

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Hate Crimes

In addition to the offenses against persons and offenses against property listed above, where a victim is intentionally selected because of their actual or perceived race, gender, religion, sexual orientation, gender identity, ethnicity, national origin, or disability, the following crimes shall be reported according to the category of bias evidenced.

Simple Assault:
TThe 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:
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.
Larceny-Theft:
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. 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.
Destruction/Damage/Vandalism of Property:
The willful or malicious destruction, damage, defacing, or other injury to real or personal property without the consent of the owner or the person having custody or control of it.

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* All crime definitions have been adopted from the Federal Bureau of Investigation’s Uniform Crime Reporting Handbook (UCR), the National Incident-Based Reporting System (NIBRS) Edition of the UCR for sex offenses, and the Violence Against Women Reauthorization Act (VAWA) of 2013 for domestic (including dating) violence and stalking, respectively.

Last modified February 03 2014 08:30 AM

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