Clery and Donahoe Act Crime Definitions

The Clery Act identifies certain crimes that certain university employees must report for evaluation for timely warning notices to the community and for inclusion in the Annual Security Report.  The definitions below may be used in evaluating whether an incident may be classified as a Clery crime.  If you are unable to make the detrmination based on these definitions, please contact the Clery Office or make the report based on the information you have.   Additional definitions that apply to the Donahoe Act and the Campus Safety Plan are listed after the Clery crimes.

General Crime Definitions

  • Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another.

  • Negligent Manslaughter: 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 affirmative consent of the victim.

  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the affirmative consent of the victim, including instances where the victim is incapable of giving consent because of their age or temporary or permanent mental incapacity

  • Incest: Sexual intercourse between person who are related to each other within the degrees wherein marriage is prohibited by law.

  • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent (include the ages of all persons in the act)

  • Robbery: the taking or attempting to take anything from value of 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: 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.

  • Burglary: The unlawful entry of a structure to commit a felony or a theft.

  • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle (includes theft without malice, including joyriding)

  • 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, etc.

  • 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 other deadly weapons.

  • Drug Abuse Violations: Violations of state and local laws prohibiting the production, distribution, possession, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or important of any controlled drug or narcotic substances.

  • Liquor Law Violations: The violation of state or local laws or ordinance prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence or drunkenness. (note that drunkenness is reportable under Donahoe)

  • Dating Violence: Violence committed by a person who is or has been in a romantic or intimate relationship with the victim; whether there was such a relationship will be gauged by its length, type and frequency of interaction

  • Domestic Violence: Includes misdemeanor or felony crimes of violence committed by the victim’s current or former spouse, current or former cohabitant, person with whom the victim shares a child in common, person similarly situated under domestic or family violence law or anyone else protected under domestic or family violence law in the State of California.

  • Stalking: Engaging in 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

Hate Crime Specific Definitions

  • Hate Crime: A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim

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

  • 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.

  • 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.

Donahoe Crime Definitions

  • Theft/Larceny: To unlawfully steal, take, carry, lead, or drive away the personal property of another, fraudulently appropriate property which has been entrusted to him or her, knowingly by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property.

  • Vandalism/Destruction of Property: To willfully or maliciously destroy, damage, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control of it.

  • Illegal Drugs: Violations of state and local laws prohibiting the production, distribution, possession, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or important of any controlled drug or narcotic substances.

  • Intoxication: Any person in a public place who is under the influence of intoxicating liquor or any combination of any intoxicating liquor, in a condition that they are unable to exercise care for their own safety or the safety of others