Crime Definitions for Reportable Crimes
Murder/ 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.
Sexual Assault
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”
Rape is defined as 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 is defined as the touching of the private parts of another person for the purposes 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 incapacity.
Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape is defined as sexual intercourse with a person who is under the statutory age of consent. In Georgia, minors under the age of 16 years of are generally unable to provide consent, with narrow exceptions. See Georgia Code Ann. Section 16-6-3, Statutory Rape.
Robbery: 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: unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Burglary: unlawful entry of a structure to commit a felony or a theft.
Motor Vehicle Theft: the theft or attempted theft of a motor vehicle. There are three classes of motor vehicles: (1) autos, (2) trucks and buses, (3) and other vehicles.
Larceny Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
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, or personal property of another,etc.
Vandalism: To willfully or maliciously destroy, injure, 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.
Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in the preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or the importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or deadly weapons.
Clery Act Definitions: Violence Against Women Act (VAWA)
Domestic violence:
(1) A felony or misdemeanor crime 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;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
(2) For the purpose of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Dating 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 shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- For the purpose of this definition –
- Dating violence includes, but is not limited to, sexual or physical abuse or threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- For the purpose of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Stalking:
- Means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.
- For the purpose of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Clery Act Definitions: Hate Crime Definitions for Reportable Crimes
Hate Crime: A criminal offense committed against a person, property, or society which is motivated, in whole or part, by the offender’s bias against a race, religion, disability, sexual orientation, ethnicity, national origin, gender, or gender identity; also known as a bias crime.
Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Note: Constructive possession is defined by Black’s Law Dictionary, 6th ed. as “where one does not have physical custody or possession but is in a position to exercise dominion or control over a thing.”)
- Pocket-picking: The theft of articles from another person’s physical possession by stealth where the victim usually does not become immediately aware of the theft.
- Purse-snatching: The grabbing or snatching of a purse, handbag, etc., from the physical possession of another person.
- Shoplifting: The theft, by someone other than an employee of the victim, of goods or merchandise exposed for sale.
- Theft From Building: A theft from within a building which is either open to the general public or where the offender has legal access.
- Theft From Coin Operated Machine or Device: A theft from a machine or device which is operated or activated by the use of coins.
- Theft From Motor Vehicle (Except “Theft of Motor Vehicle Parts or Accessories”): The theft of articles from a motor vehicle, whether locked or unlocked.
- Theft of Motor Vehicle Parts or Accessories: The theft of any part or accessory affixed to the interior or exterior of a motor vehicle in a manner which would make the item an attachment of the vehicle, or necessary for its operation.
- All Other Larceny: All thefts which do not fit any of the definitions of the specific subcategories of Larceny/Theft listed above.
Source: Uniform Crime Reporting Handbook, 2004; U.S. Department of Justice
Simple Assault: An 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.
Destruction/Damage/Vandalism of Property (Except “Arson”): 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 it.
Source: Hate Crime Data Collection Guidelines, October 1999; U.S. Department of Justice
Clery Act Definitions: Fire Safety Definitions
Cause of fire: The factor or factors that give rise to a fire. The causal factor may be, but is not limited to, the result of an intentional or unintentional action, mechanical failure, or act of nature.
Fire: Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.
Fire drill: A supervised practice of a mandatory evacuation of a building for a fire.
Fire-related injury: Any instance in which a person is injured as a result of a fire, including an injury sustained from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of a fire. The term person may include students, faculty, staff, visitors, firefighters or other individuals.
Fire-related death: Any instance in which a person: (1) is killed as a result of a fire, including death resulting from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of a fire; or (2) dies within one year of injuries sustained as a result of the fire.
Fire safety system: Any mechanism or system related to the detection of a fire, the warning resulting from a fire, or the control of a fire. This system includes sprinkler systems or other fire extinguishing systems, fire detection devices, stand-alone smoke alarms, devices that alert one to the presence of a fire, such as horns, bells, or strobe lights; smoke-control and reduction mechanisms; and fire doors and walls that reduce the spread of fire.
Value of Property Damage: The estimated value of the loss of the structure and contents, in terms of the cost of replacement in like kind and quantity. This estimate should include contents damaged by fire, and related damages caused by smoke, water, and overhaul: however, it does not include indirect loss, such as business interruption.
Fire log: (1) An institution that maintains on-campus student housing facilities must maintain a written, easily understood fire log that records, by the date that the fire was reported, any fire that occurred in an on-campus student housing facility. This log must include the nature, date, time and general location of each fire. (2) An institution must make an entry or an addition to an entry to the log within two business days of the receipt of the information. (3) An institution must make the fire log for the most recent 60-day period open to the public inspection during normal business hours. The institution must make any portion of the log older than 60 days available within two business days of a request for public inspection. (4) An institution must make an annual report to the campus community on the fires recorded in the fire log.
