Clery Crimes and Definitions

The willful (non-negligent) killing of one human being by another.

The killing of another person through gross negligence.

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. Simple assaults are excluded.

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. (Note that 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 is counted in addition to the arson.)

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

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.

The theft or 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 has four defined sex offenses for which crime statistics must be collected on Clery geography. They are: rape, fondling, incest and statutory rape.

The penetration, no matter how slight, of the vagina or anus with any body part or object, oral penetration by a sex organ of another person, or oral contact with the sex organ of another person, without consent.

The touching of the private body parts (including the genital area, groin, inner thigh, buttocks, or breast) of another person for the purpose of sexual gratification, without consent.

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Sexual intercourse with a person who is under the statutory age of consent; in Minnesota the age of consent is 16.

The Clery Act requires institutions collect crime statistics for hates crime 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 buildings or property.

Hate crimes are 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 your Clery Act statistics only if they are Hate Crimes

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

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.

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 actual attack. Includes cyber-intimidation if victim is threatened on Clery geography.

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.

Dating Violence is defined as violence against a person by an intimate partner (romantic, dating, or sexual partner). The existence of such a relationship will be determined with consideration of (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse, such as Sexual Assault, physical harm, bodily injury, or criminal assault; the threat of such abuse; terroristic threats; criminal sexual conduct; or interference with an emergency call.  Dating Violence does not include acts covered under the definition of Domestic Violence.

Domestic Violence is defined as violence committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabitating with or has cohabitated with the person as a spouse or intimate partner, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction in which such conduct occurred, or by any other individual against the person who is protected from that individual’s acts under the domestic or family violence laws of the jurisdiction [1] in which such conduct occurred.  Domestic Violence includes, but is not limited to, sexual or physical abuse, such as Sexual Assault, physical harm, bodily injury, or criminal assault; the threat of such abuse; terroristic threats; criminal sexual conduct; or interference with an emergency call.

Stalking is engaging in a course of conduct (i.e. more than one occurrence) directed at a specific person that would cause a reasonable person to fear for their safety, or the safety of others, or to experience substantial emotional distress. Acts that constitute stalking may include, but are not limited to: direct or indirect actions, including actions through a third-party by any method, device, or means to follow, monitor, observe, surveil, threaten, or communicate to or about a person; or that interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

• Repeated, unwanted and intrusive communications by phone, mail, text message, email and/or other electronic communications, including social media;
• Repeatedly leaving or sending the victim unwanted items, presents or flowers;
• Following or lying in wait for the victim at places such as home, school, work or recreational facilities;
• Making direct or indirect threats to harm the victim or the victim’s children, relatives, friends or pets;
• Damaging or threatening to damage the victim’s property;
• Repeated posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth that would cause a person to feel threatened or intimidated.

The Clery Act requires institutions collect statistics for violations of state law and or ordinances for drug, alcohol and weapons 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 transportation 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.)

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; and all attempts to commit any of the aforementioned.

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).