Crime Reporting Policy
APPENDIX A: Clery Act Crimes - Definitions
Murder and Non-negligent manslaughter is the willful (non-negligent) killing of one human being by another.
Negligent manslaughter is the killing of another person through gross negligence.
A forcible sex offense is any sexual act directed against another person (1) forcibly and/or against that person’s will or (2) not forcible or against the person’s will where the victim is incapable of giving consent due to a temporary or permanent disability. These crimes include:
- Forcible Rape, including acts that may be considered “date rape” or “acquaintance rape”
- Forcible Sodomy
- Sexual Assault with an object
- Forcible Fondling
A non-forcible sex offense is unlawful, non-forcible sexual intercourse including:
- Statutory rape, i.e., non-forcible sexual intercourse with a person under the statutory age of consent. In Virginia, the age of consent is 18, although there are exceptions for intercourse between minors aged 13-17; these exceptions are complex and to ensure appropriate reporting, all sexual intercourse with a minor should be reported.
Robbery is the taking or attempting to take anything of value from the care, custody, and control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually involves a weapon or means likely to cause death or great bodily harm.
Burglary is the unlawful entry into a structure to commit a felony or theft. Theft or unlawful entry into open-access areas, such as dining halls and libraries, is not burglary. A structure is a physical space enclosed by four walls, with a roof and door, and so does not include lockers, tents, or cars, for example. Shoplifting is not burglary.
Arson is maliciously burning or causing to be destroyed by burning any public or private property of another.
The next category that the law requires reporting is that of motor vehicle theft, which is defined as the theft or attempted theft of a motor vehicle. (This classification also includes “joyriding”). Motor vehicle is defined broadly to include not only cars and trucks but any self-propelled vehicle that runs on land surface and not on rails, such as golf carts, motor scooters, motorized wheelchairs, and ATVs.
Hate crimes are defined for Clery Act purposes as certain crimes committed against a person or property when such crimes are motivated, in whole or in part, by the offender's (perpetrator's) bias. Bias is defined as a performed negative opinion toward a group of persons based on their race, gender, religion, ethnic/national origin, disability, sexual orientation or gender identity. These crimes are:
- murder and non-negligent manslaughter,
- forcible and non-forcible sex offenses,
- aggravated assault,
- motor vehicle theft,
- simple assault,
- intimidation, and
- destruction/ damage/ vandalism to property.
Under the Clery Act, arrests for liquor law, drug abuse and weapon violations must be reported. Liquor law violations are defined as violations of laws or ordinances prohibiting the manufacture, sale, possession, transporting, or furnishing of intoxicating liquors or alcoholic beverages; and all attempts to commit any of the aforementioned. (Public drunkenness and driving under the influence are not included).
Drug abuse violations are violations of laws prohibiting the production, distribution, or use of certain controlled substances and associated equipment; unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic; and arrests for violations of state and local laws the relating to the unlawful possession, sale, use, growing or manufacturing and making of narcotic drugs.
Weapons possession violations are violations of laws or ordinances dealing with weapon offenses, such as: manufacture, sale, or possession of deadly weapons; carrying of deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons and all attempts to commit any of these acts.