Clery Crimes & Definitions

The Clery Act requires reporting of crimes in eight major categories, some with significant sub-categories and conditions. A list of definitions and crimes can also be located in the university's most recent Annual Security and Fire Safety Report

Primary Offenses

Criminal Homicide

  • Murder / Non-Negligent Manslaughter: The willful (non-negligent) killing of a human being by another. 
  • Manslaughter by Negligence: the killing of another person through gross negligence. Gross negligence is the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another

Sex Offenses

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

  • 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 consent of the victim.
    • The ability to give consent is determined in accordance with state statue. In North Carolina a sexual offense is defined as occurring if a person engages in a sexual act with another person by force or against the will of the other person, or with a victim who is mentally defective, mentally incapacitated, or physically helpless, and the person performing the act know or should reasonably know that the other person is mentally defective, mentally incapacitated, or physically helpless. (NC § 14-27.27)
  • Fondling (assault with sexual motives): 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 incapacity.
  • Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.  In North Carolina this is defined as between grandparent or grandchild, parent, stepchild or legally adopted child, brother or sister (half or whole),or uncle, aunt, nephew, or niece (§ 14-178).
  • Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. In North Carolina, the age of consent is 16. Sexual intercourse with someone who is under the age of consent is only illegal if the defendant is: (1) at least 4 years older than the victim and (2) at least 12 years of age (§ 14-27.25).

Robbery

The taking or attempting to take anything of value from the care, custody, or control of a person 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. (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.)

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

The 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

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.

Violence Against Women Act (VAWA)

The reauthorization of the Violence Against Women Act (VAWA) was an amendment to the Clery Act put into place in 2013.  It expands the rights afforded to campus survivors of sexual assault, domestic violence, and stalking.

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 does not include acts covered under the definition of domestic violence.
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse

Domestic Violence

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 or 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 or the jurisdiction in which the crime of violence occurred.

Sexual Assault

Sexual Assault is 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." Refer to the definitions above for rape, fondling, incest, and statutory rape.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • Fear for the person's safety or the safety of others; or
  • Suffer substantial emotional distress.
    • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or 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.
    • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Hate Crimes

Hate crimes include all of the criminal offenses with the addition of intimidation, vandalism, larceny, and simple assault.  The additional crimes will only be counted in the Clery statistics if they are motivated by hate.  The categories of bias include the victim's actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity/national origin, and disability.

Larceny/Theft

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded. Motor Vehicle theft is also excluded.

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

To willfully or maliciously destroy, damage, deface, or otherwise injure real o personal property without the consent of the owner or the person having custody or control of it.

Hate Crimes Bias Categories

Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, sexual orientation, ethnicity/national origin, disability, or gender identity.  Although there are many possible categories of bias, only the following categories are reported:

  • Race:  A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes, and/or hair; facial features, etc.) genetically trasnmitted by descent and heredity, which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites).
  • Religion:  A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, atheists).
  • Gender:  A preformed negative opionion or attitude toward a group of persons because those persons are male or female.
  • Gender Identy:  Bias based on gender is preformed negative opinion or attitude toward a group of persons because of actual or perceived gender-related characteristics.
  • Sexual Orientation:  A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex (e.g., gays, lesbians, heterosexuals).
  • Ethnicity/National Origin:  A preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs and traditions (e.g., Arabs, Hispanics).
  • Disability:  A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such a disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

Arrests & Disciplinary Referrals

For Weapons, Drug, and Liquor Law Violations, Clery reportable crimes are those incidents only where arrests or disciplinary referrals occur. Arrests include not only physical arrests, but issued North Carolina State citations that require a court appearance. If both a diciplinary referral and citation are issued, only the arrest is counted. For information on the University's Code of Conduct see the Student Code of Community Standards and Citizenship Education Process.

Weapon:  Carrying, Possessing, Etc.

This is defined as 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 weapons.  This classification encompasses weapons offenses that are regulatory in nature

Drug Abuse Violations

Drug Abuse Violations are defined as the violation of laws or ordinances prohibiting the production, distribution 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 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.   

Liquor Law Violations

Liquor Law Violations are defined as 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.